SAMIKSHA BHATTACHARYA, MEMBER

The instant revision petition has been filed by the Revisionist/Complainant questioning propriety of the order dated 15.03.2021 passed by the Ld. DCDRC, Kolkata-I North in Complaint Case No. CC/193/2020.

Ld. Advocate for the Revisionist/Complainant has stated that there is no impropriety in the first part of the order.The revision petition has been filed against the later part of the order in connection with MA/4/2021.By the MA/4/2021, the Respondents/OPs No. 5 to 9 filed a petition before the Ld. DCDRC praying for expunging the names of OPs No. 5 to 9 since they are unnecessarily made parties in the complaint case.Moreover, in the petition filed by OPs No. 5 to 9, it was stated that these OPs are all reputed doctors and they are busy in their filed and they are harassed for the complaint case.Since in para-37 of the petition of complaint, complainant has stated that he has no allegation and claim against the OPs No. 5 to 9, the Ld. DCDRC has observed that OPs No.5 to 9 are unnecessary party and therefore, they are expunged from the cause title.Though the Ld. DCDRC has observed that if the complainant would pray for issuing summons for providing medical documents issued by OPs No. 5 to 9, in that case, OPs No. 5 to 9 have to appear on receiving the summons for proving those documents as and when directed by the Ld. DCDRC.

Aggrieved by the aforesaid order, the complainant has filed the instant review application on the ground that the order passed by the Ld. DCDRC by overlooking to overlook the facts and documents of the case as made by the complainant.The Ld. DCDRC has wrongly held that there is no necessity of OPs No. 5 to 9 to be parties in the instant case coming to a wrong conclusion and therefore expunged the names from the cause title. The Ld. DCDRC did not apply its judicial mind and wrongly interpreted the case of the complainant by not considering the supporting documents which was annexed by the complainant.

Ld. Advocate for the complainant has further submitted that there is no allegation and claim against the OPs No. 5 to 9 but these OPs treated the complainant with reasonable care and guidance and these OPs initially disclosed the negligence in the procedure of treatment of the complainant. The Order No.05 dated 15.03.2021 is bad in law and Ld. DCDRC has violated the settled principles of law by allowing the expunge petition filed by the OPs No. 5 to 9.Therefore, the Ld. Advocate for the complainant has prayed for quashing and/or setting aside the impugned order dated 15.03.2021 and to pass the order as the Commission may deem fit and proper.

On the date of hearing of the Revision Application, Respondents/OPs No. 1 to 4 were present through their Ld. Advocate and none appeared on behalf of the Respondents/OPs No. 5 to 9.

The Ld. Advocate for the OPs/Respondents no. 1 to 4 has stated that they have filed their respective written version in the statutory period.She has also argued that the Ld. DCDRC has failed to apply its judicial mind while passing such order.She has further argued that even no relief has been claimed against Respondents No. 5 to 9/OPs No. 5 to 9, still they can be added as necessary parties to the case as Proforma OPs.The evidence of OPs No. 5 to 9 carry significant value for the purpose of effective adjudication of the complaint case.She has submitted before us that she has no locus standi to say anything hearing of the RevisionPetition.

Upon hearing the parties and on perusal of the revision application along with the documents, it appears to us that OPs No. 5 to 9 have filed a Miscellaneous Application being No. MA/4/2021 praying for expunging their names from the cause title of the complaint case being No. CC/193/2020 pending before Ld. DCDRC, Kolkata-I (North).The complainant has raised objection against the said application.However, the Ld. DCDRC has expunged their names from the cause title allowing the said application filed by OPs No. 5 to 9.It is true that all the allegations made in the complaint petition are against the OPs No. 1 to 4 and accordingly, the complainant has prayed for direction upon OPs No. 1 to 4 to refund the medical bill/charge along with compensation and litigation cost.The complainant has made the OPs No. 5 to 9 as parties since OPs No. 5 to 9 are very much necessary to adjudicate the case of the complainant.If the OPs No. 5 to 9are expunged from the cause title of the petition of complaint, it would be very much difficult for the complainant to gather evidence on affidavit from OPs No. 5 to 9 and to file it before the Ld. DCDRC to adjudicate his case.If the OPs No. 5 to 9 are expunged, then it would also be very difficult to file the questionnaire to them and to collect the replies from them.Moreover, it is the prerogative/choice of the complainant whom he would make party or not.Therefore, if the complainant chooses to keep the OPs No. 5 to 9 as parties, then the petition filed by OPs No. 5 to 9 for expunging their names should not be entertained.

In view of above discussion, we find that there is material irregularity and impropriety in the later part of Order dated 15.03.2021 which requires interference by this Commission.

Accordingly, the later part of the order dated 15.03.2021 as under the heading “MA/04/2021/Order No.2” is hereby set aside.The first part of the order dated 15.03.2021 remains unaltered.

Therefore, the OPs No. 5 to 9 will be made as parties of the complaint case being No. CC/193/2020.

The complainant is hereby directed to inform the OPs No. 5 to 9 informing this order and to file the affidavit of service before the Ld. District Commission on the date of appearance.

As a result, the revision petition is allowed ex parte against OPs No. 5 to 9 and dismissed against OPs No. 1 to 4 on contest.

Fix 16.10.2023 for appearnce of the parties before the Ld. District Commission for receiving further direction.

To date for filing affidavit of service in respect of OPs No. 5 to 9 by the complainant.

The Revision Petition being No. RP/20/2021 is disposed of accordingly.

Office is directed to send a copy of this order to Ld. DCDRC Kolkata Unit-I (North) at once.