DIST. CONSUMER DISPUTES REDRESAL COMMISSION
NORTH 24 Pgs., BARASAT.
C.C. No. 88/2021
Date of Filing: Date of Admission: Date of Disposal:
26.03 2021 07.04.2021 01.09.2023
Complainant/s:- | Mridul Datta S/O Late Jitendra Nath Datta, 104, S.L. Chatterjee Street, P.O. P.S. Nimta, Kolkata-49, Dist-24 Parganas(N), Pin-700049, M-9239116385. |
Opposite Party/s:- | - Dr. Amit Ghosh (Urologist) Apollo Gleneagles Hospitals Kol, 58,canal Circular Road, P.O.Kankurgachi,P.S. Phool Bagan, Kolkata-700054, M9830010004, 9830070004. EX-Urosurgent, Anandalok Hospital
2. Mr.Debkumar Saraf, Founder & Director, Anandalok Hospital, Founder Director, Anandalok Hospital, D/K-7/3, Saltlake, P.O.Mayukh Bhawan, P.S. Bidhan Nagar Eas, Kolkata- 700091. |
P R E S E N T :- Smt. Sukla Sengupta………………President.
:- Smt. Monisha Shaw.……………… Member.
JUDGMENT
This complaint is filed by the Complainant U/s 35 of the Consumer Protection Act, 2019 (as amended up to date) alleging deficiency in service as well as unfair trade practice against the OP as the OP did not take any step to redress his grievance till filing of this complaint.
The Complainant suffered from urinal blood secretion from 28/09/2019 and as per advise of the Opposite Party No. 1 on 21/10/2019 the Complainant took admission at O.P No. 2 / Hospital on 22/10/2019 for urinal bladder tumor operation. The O.P No. 2 assured the Complainant that the said surgery will be done as micro-surgery and then the Complainant will be completely cured. On 24/10/2019, the surgery was done by open surgery instead of microsurgery without any consent of the family member of the Complainant in the hospital of O.P No. 2. The O.P No. 2 stated that the urinal bladder was leaked and accordingly the O.P No. 2 has repaired the same upon the Complainant and discharged on 30/10/2019. At the time of discharge, the O.P No. 1 advised to the Complainant after two weeks the Complainant has to come for check up. On 18/11/2019, the Complainant went to check up to the O.P No. 1 but the O.P No. 1 refused to check up the Complainant and suggested for 2nd surgery with the cost of Rs. 3,00,000/-.
The Complainant further stated on 19/11/2019, the Complainant again suffered from his urinal problem and the function of urine was stopped and finding no other way the Complainant go to Sagar Dutta Hospital and removed the cathedral from that hospital and the Complainant was feeling relief temporarily. The Complainant was referred from Sagar Dutta Hospital to NRS Medical College Hospital for better treatment and after removal of the said tumor by microsurgery of the NRS Medical College Hospital, the Complainant feeling safe without removal of the urinal bladder and since then the Complainant was in under treatment. The Complainant submits that there is gross deficiency in service and negligent in performance their duties and hence the Complainant filed the instant case before this Ld. Commission. O.P filed W/V on 23/08/2022 but it was not accepted by this Commission as the statutory period is over.
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C.C. No. 88/2021
As per the version of the Complainant, the cause of action arose on 24/10/2019 when the surgery was done by O.P No. 1 and secondly on 18/11/2019 when the suggested for check up and then after suggested by the O.P No. 1 for second surgery with cost of Rs. 3,00,000/- and thirdly on 19/11/2019 when the Complainant again suffered from his urinal problem and admitted Sagar Dutta Hospital.
The Complainant further stated that the O.P No. 1 appeared before this Ld. Commission but did not file the W/V within the stipulated period and the O.P No. 2 did not appeared before this Commission though the O.P No. 2 getting summons from the Ld. Commission. It is evident from the treatment as well as surgery of the O.P No. 1, he did not successfully performed the surgery of the urinal bladder tumor of the Complainant. The O.P No. 1 only repaired the said urinal bladder by open surgery instead of microsurgery and it is clearly gross negligence on the part of the O.Ps. The Complainant stated that it is settled proposition of law that since the Consumer Protection Act, 2019 is a benevolent piece of legislation, the Complainant being a bonafide consumer is very much entitled to get relief as prayed for.
Prayer of the Complainants:-
- The Opposite Party no. 1 be directed to pay an amount of Rs.25,00,000/- as compensation.
Following issued were framed for the purpose of decision:-
- Whether the complaint is maintainable or not?
- Whether the Complainant is entitled to get relief / reliefs in this case.
Decision with reasons:-
Considering the facts and circumstances as well as nature and character of this case all the points are interlinked to each other and as such all the points are taken up together for consideration for the sake of brevity and convenience.
We have perused the complaint with affidavit filed by the Complainant. We have perused the copy of the all documents along with copy which was provided by the O.P member with the supporting affidavit and other documents filed by the Complainant.
From the record it is evident that the Complainant already received Rs. 10,000/- as a compensation from Anandalok Hospital which is reflected in the order sheet dated 18/01/2021 from West Bengal Clinical Establishment Regulatory Commission, First Floor, 32, B. B. D. Bag, Kolkata – 700001. As the Complainant received the compensation of Rs. 10,000/- for the same purpose and the Complainant agreed in his complaint, so that we are of the view that the Complainant is not entitled to get relief against the same cause of action.
Thus all the points are disposed of accordingly.
Hence, for ends of justice:
It is Ordered
That the instant case being no.CC-/88/2021 be and the same is dismissed.
Let plain copy of this order be given to the parties free of cost as per the CPR, 2005.
Dictated & Corrected by
Member
Member President
