West Bengal

Uttar Dinajpur

CC/21/37

Md. Jawed Alam - Complainant(s)

Versus

Dr. Md. Matlubur Rahaman - Opp.Party(s)

Rohini Kumar Dutta

04 Oct 2021

ORDER

Before the Honorable
Uttar Dinajpur Consumer Disputes Redressal Forum
Super Market Complex, Block 1 , 1st Floor.
 
Complaint Case No. CC/21/37
( Date of Filing : 23 Sep 2021 )
 
1. Md. Jawed Alam
Son of Abdul Hamid, Vill.: Mallick Pur, P.O.: Telta, P.S.: Balarampur, Katihar, Bihar-854317. At present: Vill.: Mallick Pur Road, Nur Nagar, Dalkhola, Uttar Dinajpur, P.O. & P.S.: Dalkhola, Dist.: U/ Dinajpur.
...........Complainant(s)
Versus
1. Dr. Md. Matlubur Rahaman
S/o: Unknown. Private Medical Practioner as well as Medical Doctor WBHSURMP (Kol) Govt. Regd. No. 50245 DMLT Pharmacist (Kol.) No.60131, General Physician. Now residing at Uttar Dalkhola, Azad Colony, Ward No.15, Dist.: Uttar Dinajpur, Pin: 733201.
2. The Proprietor
of Jeevan Medico Diagnostic & Eye Clinic. Kanhai Doctor Road, beside Iqraa Public School, Saratpally, Ward No.10, Dalkhola, U/ Dinajpur: 733201.
............Opp.Party(s)
 
BEFORE: 
 HON'BLE MR. Md. Muizzuddeen PRESIDENT
 HON'BLE MRS. Rubi Acharjee MEMBER
 HON'BLE MR. Swapan Kumar Roy MEMBER
 
PRESENT:
 
Dated : 04 Oct 2021
Final Order / Judgement

Today is fixed for admission hearing.

Ld. Advocate for the complainant files hazira along with Xerox copies of aadhar card. Complainant files 4 IPOs of Rs.100/- each being Nos-38 H 472042 to 38H 472045.

Let it be kept with the record.

The record is taken up for admission hearing and order.

Heard the Ld. Advocate for the complainant.

Perused the complaint and the xerox copies of documents so filed by the complainant.

It is the case of the complainant that he was treated by the O.P.No-1 containing the degree URMP (Kol), Govt. Regd No-50245, DMLT Pharmacist (Kol / No-60131 General Physician by paying requisite fees to him on 26.04.2021 and the O.P.No-1 on that day advised some clinical pathological tests of the patient in separate piece of paper for which the complainant has done separate tests and on seeing the report the O.P.No-1 decided the patient is ailment as Typhoed and prescribed medicine which acted adversely to the patient. Thereafter, the petitioner was treated by  another doctor namely Dr. Koshen Raza (MBBS) at Purnia on 29/04/2021 who advised him for some pathological tests and as per direction of Dr. Koshen Raza patient party also done some tests that is HRCT Lum Test. Thereafter, on 02.05.2021 he was admitted at Global Nursing Home at Siliguri for oxegen support under Doctor Malay’s Hospital and Neurosciences Centre Pvt. Ltd and he was discharged on 27/05/2021 after recovery. The conditions of the patient was deteriorated due to wrong treatment of the O.P.No-2 and the cost of payment was Rs.12,85,750.00/- and the complainant prayed for compensation of Rs.20,00,000/- from the O.P.

 

From the xerox copy of the prescription in the name of the complainant it is clear that there is no signature of O.P.No-1 and there is no diagnosis or clinical and pathological tests mentioned in the said prescription Annexure “A” and another document Dalkhola Laboratory disclosed that the patient was referred by the O.P.No-1 for pathological tests.

But there is no whisper in the said prescriptions for pathological tests. Xerox copy of pathological test report of Jeevan Medico Diagnostic & Eye Clinic, Dalkhola finds no corroboration from reference by O.P.No-1. Xerox copy of pathogocal test report of Global Diagnostic, Purnia finds no corroboration from any medical prescriptions by Dr. Koshen Raza as no such prescriptions prescribed by Dr. Koshwn Raza has been filed and no allegation has been made against Global Diagnostics and other hospital and the report of Dr. Mukesh Kumar, Dr. Malay’s Hospital does not disclose that there was any wrong treatment or medical negligence on the part of the O.P.Nos-1 & 2. Except those Xerox copies of documents we find no other documents including the receipt of any payment etc within this record.

 

Considering the submissions of Ld. Advocate of the complainant, xerox copy of the above documents already discussed and the Law of Consumer Protection we are of opinion that there is no prima facie case for admission.

 

Accordingly, it is

 

O r d e r e d

That this case is not admitted and thus disposed of.

 

Let a copy of this order be given to the complainant on free of cost.

 
 
[HON'BLE MR. Md. Muizzuddeen]
PRESIDENT
 
 
[HON'BLE MRS. Rubi Acharjee]
MEMBER
 
 
[HON'BLE MR. Swapan Kumar Roy]
MEMBER
 

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