West Bengal

Bankura

CC/13/2015

Abhishek Pan - Complainant(s)

Versus

Dr. Prabir Kumar Kundu - Opp.Party(s)

Jayanta Kr. Mukherjee

30 Jan 2024

ORDER

 IN    THE   DISTRICT   CONSUMER   DISPUTES   REDRESSAL COMMISSION, BANKURA 

  Consumer Complaint No. 13/2015

                                                          Date of Filing:   10/02/2015                                                   

Before:                                                      

1. Samiran Dutta                            Ld. President.      

2. Siddhartha Sankar Bhui            Ld. Member. 

 

For the Complainant:  Ld. Advocate Ananda Mohan Mondal

For the O.P.:  Ld. Advocate Ardhendu Sekhar Ghosh

Complainant  

.Mr. Abhishek Pan, c/o Karuna Moy Pan, Rasikganj (Dakshin Ukil Para), Bishnupur, Bankura

Opposite Party 

Dr. Prabir Kumar Kundu, c/o Aloka Medical,Rasikganj, Bishnupur, Bankura

 

FINAL ORDER / JUDGEMENT

Order No.62

Dated: 30-01-2024

The Complainant files hazira through Advocate.

No step is taken by the O.P.

The case is fixed for argument for several dates.

After hearing argument from the Complainant the Commission proceeds to dispose of the case as hereunder: -

The Complainant’s case is that he being a young man had been to the O.P./Dr. on 27/06/2013 with complain of fever / sneezing etc. who after clinical examination advised antibiotic, pain killer  and anti gastritis with  some pathological investigation. But the Complainant did not get any relief on the contrary he developed itching and rashes all over the body and blisters in the face and on further visit the O.P. repeated almost the same drugs holding that it is a case of pneumonia and ultimately referred him to a dermatologist though the patient was in a precarious condition. Thereafter the Complainant had been to the Mission Hospital, Durgapur for immediate management and saving of life where he got admitted on 01/07/2013 and discharged on 08/07/2013 with the diagnosis of Stephen Johnson Syndrome which is different from pneumonia as diagnosed by O.P. Dr. The Complainant has therefore approached this Commission for adequate relief. 

O.P./Dr. contested the case by filing a written version contending inter alia that the diagnosis held by the O.P./Dr. is correct and proper medicine has been applied accordingly but the patient was negligent in reporting the prognosis during visit hours. 

                                                                                                                                                                                   Contd……p/2

Page: 2

-: Decision with reasons: -

Having regard to the facts of the case, submission, contention and documents from both sides the Commission finds that there is no material on record to hold that the disease of the Complainant had been wrongly diagnosed by the O.P./Dr. as pneumonia and Stephen Johnson Syndrome are not distinct disease. Omission to mention the Registration No. in the Prescription is no doubt a violation of code of Medical ethics but it cannot be termed as medical negligence or deficiency in service unless the genuinenessof Registration is called in question.                                                                

Hence it is ordered……..

That the case be and the same is dismissed on contest but without cost.

Both parties be supplied copy of this Judgement free of cost.

 

 ____________________                _________________         

HON’BLE   PRESIDENT           HON’BLE MEMBER