IN THE DISTRICT CONSUMER DISPUTES REDRESSAL FORUM, MURSHIDABAD AT BERHAMPORE.

CASE No.  CC /26/2014.

 Date of Filing: 25.02.2014.                                            Date of Final Order: 13.06.2016.

Complainant: Sujoy Baral, S/O Satyabrata Baral, being appointed as the attornery vide power-of                        attorney executed by Satyabrata Baral on 19.02.2014

                        Vill. &P.O. Gokarno Dakshinpara, P.S. Kandi, Dist. Murshidabad. Pin-742136.        

-Vs-

Opposite Party/Parties: 1. Dr. Rajesh Roy, S/O Sudarshan Roy, Susthi Nursing Home,

                         88/12/8, Dr. Sundar Gopal Dhar Lane, P.O. Khagra, P.S. Berhampore,

                        Dist. Murshidabad. Pin 742103.

                        2. Proprietor, Susthi Nursing Home, 88/12/8, Dr. Sundar Gopal Dhar Lane,

                        P.O. Khagra, Dist. Murshidabad. Pin 742103.

                       Present:  Sri Anupam Bhattacharyya   ………………….President.                                 

                                                Smt. Pranati Ali ……….……………….……………. Member

FINAL ORDER

Sri Anupam Bhattacharyya, Presiding Member.

 The instant complaint has been filed by the complaint u/s 12 of C.P. Act, 1986 praying for payment of Rs.2 lacs towards cost of treatment and Rs.10 lacs towards compensation and also for cost.

The complaint’s case , in brief, is that the complaint went to OP No.1 on 25.08.13 for the right hip joint fracture of the his father and opined for installation of Dynamic Hip Screw admitting in the OP No.2 Nursing Home and advised for Haematalogivcal Examination and Blood examination which was held at Suraksha Pathological Lab. On 27.8.13 after depositing Rs.15,000/- towards operation charge on demand the OP No.1 performed the operation successfully and on 28.8.13 he was released from the OP No.2 nursing home and thereafter, on 30/31.8.13 again father of the complaint was admitted in Berhampore Hospital and treated till 03.09.13 and a gain on 28.9.13 the patient was brought to Glocal Hospital  and he was admitted there on 29.9.13 and treated there till 02.10.13 and again on 29.10.13 and on 6.11.13 after X-ray it was detected that there was mal-alignment of fracture and K-wire was done and dynamic Hip Screw was not installed. It was further detected that registration No. of MCI of Op No.1 is fake. The act of OP No.1 doctor is deficiency in service and prays for relief as prayed for. Hence, the instant complaint case.

Sufficient opportunities have already been given to the complainant for supplying proper address of the OPs and also to show cause as to why the case shall not be dismissed for non-prosecution.

 For inaction of the complainant on those points as to show-cause and to supply proper address of the OP, this Forum has no scope to decide the case on merit and as such we are of the view that the case be dismissed for non-prosecution.

Hence,

                                                  Ordered

that the Consumer Complaint No. 26/2014   be and the same is hereby dismissed for non-prosecution. There will be no 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.

        Member                                           Member                                                             President