West Bengal

Murshidabad

CC/110/2012

Shamali Roy (Halder) - Complainant(s)

Versus

Dr. Golam Mortaja & Others two - Opp.Party(s)

09 Feb 2017

ORDER

District Consumer Disputes Redressal Forum
Berhampore, Murshidabad.
 
Complaint Case No. CC/110/2012
 
1. Shamali Roy (Halder)
W/O- Tara Shankar Roy, 30/1, Dr. Sundar Gopal Dhar lane, P.O.- Khagra, P.S.- Berhampore, Dist- Murshidabad, Pin- 742103, West Bengal
...........Complainant(s)
Versus
1. Dr. Golam Mortaja & Others two
45, Rbindranath Tarore lane, P.O. & P.S.- Berhampore, Dist- Murshidabad.
2. Lila Sevayan Nursing Home
13/9, A.C. Road (South) Indraprastha, P.O.- Khagra, P.S.- Berhampore,
Murshidabad
West Bengal
3. Dr. Jayanta Mukherjee
The Calcutta Clinic Gastro Loads Bulding 1st Floor, 7/1, Lord Sinha Road, Kolkata- 700071
West Bengal
............Opp.Party(s)
 
BEFORE: 
 HON'BLE MR. ANUPAM BHATTACHARYYA PRESIDENT
 HON'BLE MRS. PRANATI ALI MEMBER
 
For the Complainant:
For the Opp. Party:
Dated : 09 Feb 2017
Final Order / Judgement

Smt. Pranati Ali, Presiding Member.

           The instant complaint has been filed by the complainant u/s 12 of C. P. Act, 1986 praying for direction upon the OPs to pay a sum of Rs.500000/- for future medical expenses and to pay a sum of Rs.1000000/- for compensation and to pay a sum of Rs.5000/- for cost due to medical negligence on the part of the OPs as stated by the complainant.

           On 31.01.2017, the complainant filed a petition to put up the record so that complainant can withdraw the complaint petition as the dispute in between the parties has been amicably settled as she has received the desired compensation from the OPs. The complaint states that there is no necessity to continue the proceeding further. He prays to dismiss the complaint petition for non-prosecution. The said petition was verified by her Ld. Advocate and it is kept with record.

               The record is taken up for hearing the said petition on 09.02.2017. Heard the Ld. Advocate for the complainant. After perusing the case record and the petition that filed by the complainant on 31.01.2017, we find that there is no impediment to dispose the complaint petition due to prosecution and the OP is exonerated from any liability.

            Therefore, the petition is considered and allowed. In this situation we do not want to stand on the way of the complainant and for that the instant complaint should be dismissed for non-prosecution.

 

Hence,

Ordered

that the Consumer Complaint No. 110/2012 be and the same is hereby dismissed due to non-prosecution without any order as to cost.                                 

Let a plain copy of this order be made available and be supplied free of cost, to each of the parties on contest in person, Ld. Advocate/Agent on record, by hand under proper acknowledgment / be sent forthwith under ordinary post  to the concerned parties as per rules, for information and necessary action.          

 
 
[HON'BLE MR. ANUPAM BHATTACHARYYA]
PRESIDENT
 
[HON'BLE MRS. PRANATI ALI]
MEMBER

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