The case of the complainant, in brief, is that on 31/03/2016 at about 11:00 P.M. the complainant become unconscious and then and there he shifted to Anandalok Hospital, Siliguri with help of his family member and after examining the hospital authority admitted him and they stated that the complainant suffered H/O (Haemorragic Stroke) due to hypertension. Thereafter the complainant shifted to Sanjiban Neuro and Multi Speiciality Hospital, Sevoke Road, Siliguri on 07/04/2016 and ultimately he discharged from the hospital on 04/05/2016 but right portion of his body became paralyzed.

            After discharged from the hospital the complainant return to his house and started to take physiotherapy at his own house as per advice of doctor of Sanjiban Hospital and continued the same till 28/03/2018. The complainant thereafter visited to chamber of the O.P on 29/03/2018 and O.P started physiotherapy process upon the complainant. During the course of physiotherapy treatment on 31/07/2018 the O.P carelessly and negligently put pressure upon the right thigh of the complainant negligently such a manner that the complainant fell down from the bed as a result he received severe injury on his right thigh with huge swelling and also fracture of his right leg the O.P knowing it very well that the O.P acts done by him as out of the negligent, the O.P admitted the complainant before the district hospital, Alipurduar without informing the matter to the family members of the complainant. Thereafter, the family member of the complainant rushed to the Alipurduar Hospital and they shifted the complainant to Cooch-Behar Mission Hospital, Chakchaka for better treatment and the complainant was admitted there from 01/08/2018 to 31/08/2018 under Dr. S.K. Tanish and during the treatment the complainant was examined through MRI done by Dr. P.K. Saha at Shila Nursing Home, Cooch-Behar on 03/08/2018 and as per report it reveals that the injury cause due to fall down at the time of physiotherapy on two days back.

            It has been alleged by the complainant that the O.P fractured the right leg of the complainant due to negligence and as such the O.P is liable to be compensated to the complainant hence, this case has been filed by the complainant with a prayer that the O.P may be directed to pay Rs. 3,00,000/- as compensation and also pray to direct the O.P to pay Rs. 50,000/- for mental agony and sufferings and also to pay Rs. 30,000/- towards the costs of litigation from O.P.

            The O.P has appeared before this forum and contested this case by filing written version denying all the materials allegations as leveled by the complainant against him and prayed for dismissal of the case filed by the complainant.

            In support of the case the complainant has filed evidence-in-chief as well as written argument. The O.P also filed evidence-in-chief in support of his case. The O.P did not file any written argument but he stated earlier that the W/V and evidence filed by him be treated as written argument.

            We have carefully gone through the materials on record and perused the documents filed herein.

            We have also heard argument from the Ld. Agents of both the partiers at length.

            In this context, the following issues are necessarily come up for consideration to reach just decision of the case.

                                                 POINTS FOR CONSIDERATION

            Is the complainant a consumer u/s.2 (1)(d)(i)(ii) of Consumer Protection Act ?

            Has this Forum jurisdiction to try the instant case?

            Is there any deficiency in service on the part of the O.P?

            To what other relief/reliefs the complainant is entitled?

                                                    DECISION WITH REASONS

            In this case the complainant is a patient under the O.P doctor who treated him for physiotherapy on his leg as he was suffering from paralyzed. The complainant has paid fees to the O.P for his treatment. According to the provision of Consumer Protection Act the complainant is a consumer according to the law and this case is maintainable.

            In this case it is admitted position that the complainant was suffering from Haemorragic Stroke problem and he was admitted to Anandalok Hospital at Siliguri. He was paralyzed and doctor advised him for physiotherapy then he started his treatment with the O.P doctor on several occasions. Physiotherapy was done on his right leg and he was going to cure. He used to come to the O.P with the help of his assistance. The allegation is that on 31/07/2018 the complainant came to the O.P for his physiotherapy alone, the physiotherapy was done and when he was started to move to his house he fail down and his right leg was broken. According to the complainant due to the laches and negligence from the part of the O.P the complainant received severe injuries on his right thigh with huge swelling and also fractured his leg so on the ground the said O.P took arrangement for admission of the complainant to the Hospital. The complainant has claimed compensation for the negligence, laches and deficiency in service of O.P. The O.P has stated that due to the physiotherapy his leg was not broken he fail down on the ground when he was moving towards his residence and he took him to hospital for treatment. Both side adduced evidence.

 After carefully scrutiny of the entire evidence on case record it appears that the complainant was suffering from Haemorragic Stroke and he was treated at Anandalok Hospital. His right side was paralyzed. It also appears that he was advised for physiotherapy by the doctor. Pysiotherapy was done on his right leg on several dates. It also appears that he was going to cure due to said physiotherapy. The evidence shows that previously on the date of physiotherapy the complainant used to come there with one assistant who took him to the O.P and after physiotherapy he was taken back that person. On the date of incident the complainant came alone to the O.P for physiotherapy which proves that improvement was done it also admitted that physiotherapy was done on that date and there after he was started to going to his residence. When he was going out from the chamber of O.P he fails down. The O.P removed him to the hospital where he was admitted as his right leg was broken. According to the complainant it appears that due to heavy pressure caused by the physiotherapist on his right thigh it was broken. There is no evidence or prove that due to physiotherapy his right thigh was broken. No expert report is forthcoming. The right leg broken due to fail down by the complainant himself. Negligence, laches and deficiency in service on the part of O.P has not been proved here. Rather due to the treatment of the O.P the complainant became cure and on the date of incident the O.P  help the complainant to admit in the hospital for his treatment when he  fail down on the ground. There is no question for any compensation as because the O.P has no laches or negligence or deficiency in service on his part which is not proved by the complainant by cogent evidence or expert evidence. The case is liable to be dismissed.  

Hence, for ends of justice, it is;

                                                                        ORDERED

            that the instant case be and the same is dismissed on contest without costs.

             Let a copy of this final order be sent to the concerned parties through registered post with A/D or by hand forthwith for information and necessary action.           

Dictated & Corrected by me