Parties are present through their respective Ld. Advocates.

Today is fixed for hearing argument on the MA 25/2022 filed by the complainant.

This order is arising out of the MA 25/2022 filed by the complainant, wherein, it is stated by the complainant that at the time of filing this complaint, due to inadvertence medical documents in respect of Twin-2 has been filed instead of Twin-1. The complainant has prayed for to replace the said medical documents from the record by way of incorporation of medical documents of Twin-1.

The Ops have contested the said MA by way of verbal submission. It is stated by the Ld. Counsel for the Ops that as the Ops have taken the plea in the written version in respect of both the Twin-1 and Twin-2, now the complainant is not entitled to replace the medical documents of the Twin 2 by making incorporation of the Twin-1.

It is further stated by the said Ops that in the WV the Ops have also mentioned that there is discrepancy by and between the averment petition of complaint and the documents filed by the complainant. But showing good gesture, the Ops have submitted that at this juncture, the complainant is not in a position to replace the medical document by way of incorporation, rather the complainant at best may file additional evidence along with cogent medical document of the concerned patient i.e. Twin-1.

Upon hearing from both the parties, we are of the view that the Ops have shown very good gesture to expedite the matter and hence the complainant is directed to adduce addition evidence on affidavit along with cogent document i.e. entire medical documents of the Twin-1 by 14.03.2022.

Be it mentioned that the Ops will get scope to cross-examine the complainant’s evidence by way of questionnaire.

Thus the MA 25/2022 is disposed of on contest without any cost.

Dictated and corrected by

[HON'BLE MRS. Silpi Majumder]
MEMBER