Complainant files advocates hazirah.

      Today is fixed for admission hearing. Ld. Adv. for the Complainant submits that mother of the Complainant felt pain in her abdomen. The Complainant took her mother to the OP No.1, Dr. Dwaipayan Sarkar who advised the Complainant that her mother would be subjected to micro surgery operation for the removal of gall blooder stone. Thereafter, as per advice of the OP No.2, his mother was admitted at the Nursing of the OP No.2 on 30.07.22. When the mother of the Complainant was at the operation theatre, OP No.1 informed that as the case was very much critical, it was not possible for him to perform micro surgery operation but he had to perform open surgery to make the case successful one. The OP No.1 advice the Complainant to take her mother at the North Bengal Medical College and Hospital as the OP No. 1 is attached to the said Medical College and Hospital. Accordingly the mother of the Complainant was admitted to the North Bengal Medical College and Hospital but the OP No.1 did not visit her mother even the OP No.1 did not receive the telephone call of the Complainant and ultimately on 06.08.22 the mother of the Complainant breathed his last only due to negligence of the OP No.1.

    On being asked Ld. Adv. for the Complainant failed to convince this Commission how medical negligence would be attributed to OP No.1. Moreover, it is submitted by the Ld. Advocate for the Complainant that the Complainant took her mother to North Bengal Medical College and Hospital as per advice of the OP No.1 but there is no such writing made by the OP No.1 to that effect.

    Considering the facts and circumstances of the case and the photocopy of the documents submitted before us and the submissions made by the Ld. Adv. for the Complainant, we are of the view that no negligence on the part of OP No.1 is found and as such the instant complaint is not required to be admitted.

    Hence, it is

                                              ORDERED

that the instant case No. CC/90/2022 is not admitted and as such it is dismissed on merit.