West Bengal

Birbhum

MA/11/2022

Sebananda Bauri - Complainant(s)

Versus

Dr. D.K Mukhopadhyay - Opp.Party(s)

28 Apr 2022

ORDER

Smt. Sukla Sengupta .President.    

Complainant files hazira. OP is present by filing hazira along with vokalatnama. Let the same be kept with the record. Today is fixed for hearing petition u/or. 1 Rule 10 (2) read with sec 151 of the C.P.C filed by the OPs. The petition is taken up for hearing. At the time of hearing of this petition on u/or. Rule 10 (2) read with sec 151 of the C.P.C Ld. Advocate for the complainant submitted that he intend to participate in the hearing but no W/O has been filed by him.

During the course of hearing of the petition it appear, that the OP intend to add party, the Oriental Ins. Co. Ltd. as mentioned in the scheduled of the petition, whose presence is highly required for proper adjudication of this case.

Hence, the delay is condoned and the substitution petition filed by the petitioners named above be registered as M.A Case No. 10/2022.

No objection raised from the end of the complainant. On careful perusal of the petition u/or. Rule 10 (2) read with sec 151 of the C.P.C has filed by the OP along with other materials on record it is palpably clear to this Commission that if this petition be allowed then the nature and character of this case shall not be changed and the same is formal in nature, so, there is no predicament on the part of this Commission to allow this Commission.

Hence,

            Ordered,

                           That the instant M.A Case No. 11/2022 be and the same is allowed on contest without any cost.

The Oriental Insurance Company Limited be added party as OP No. 2 in the cause title of this petition of complainant as per schedule of the petition filed by the OP No. 1.

 

 

 

The complainant is directed to file the amended petition of complainant within the statutory period positively.

The M.A Case No. 11/2022 is thus disposed of.

 

Another application has also been filed by the OP on the same self date with a prayer for supplying documents by the complainant.

Perused the petition heard both sides considered. The prayer is considered and allowed.

The complainant is directed to supply copy of the documents to the OP if any in respect of admission and discharge summery of the complainant patient of Gouri Devi Hospital and Research Institute, Rajbandh, Durgapur wherein he was admitted on 04/08/2022 under Dr. R. Singh as he mentioned in paragraph-8 of his complaint/petition and USG report done on 07/07/20218 by Dr. Lokesh Kumar, D.N.B as he mentioned in paragraph-11 of his complaint/ petition.

The petition is thus disposed of.