West Bengal

Bankura

CC/28/2017

Shri Prasenjit Patra - Complainant(s)

Versus

Dr. S.M.Rakshit - Opp.Party(s)

Tapan De

17 Aug 2023

ORDER

IN    THE   DISTRICT   CONSUMER   DISPUTES   REDRESSAL COMMISSION, BANKURA

  Consumer Complaint No. 28/2017

            Date of Filing: 03/04/2017

Before:                                        

1. Samiran Dutta                             Ld. President.      

2. Rina Mukherjee                          Ld. Member. 

3. Siddhartha Sankar Bhui            Ld. Member.

 

For the Complainant:  Ld. Advocate Tapan De

For the O.P. :  Ld. Advocate Amitava Chatterjee

 

Complainant

Shri Prasenjit Patra, S/o Shri Manik Lal Patra, Haritaki Bagan, Kenduadihi, Bankura.

Opposite Party

Dr. S.M. Rakshit, Pathology Clinic, Nutanchati, Bankura.

 

FINAL ORDER / JUDGEMENT

Order No.40

Dated:17-08-2023

Both parties file hazira through advocate.

The case is fixed for Argument. After hearing Argument from both sides the Commission proceeds to dispose of the case as hereunder: -

The Complainant’s case is that he being a P.A. / Stenographer attached to District Judge’s Court Bankura arranged for social marriage with one Priyanka Pal, daughter of Swapan Kumar Pal at Nutanchati, Bankura and before marriage both the spouse got report of HIV &  HBs AG negative from Lifeline Diagnostic Centre, Kenduadihi with full particulars of method and kit used in the report dated: 08/11/2015 and for verification of the genuineness of the said reports both the spouse approached O.P. Diagnostic Centre for the same and they got the same report negative but without any mention of the method and kit used in the report dated: 16/11/2015. The father of the bride was not satisfied with such report of O.P. Clinic and cancelled the marriage agreement but after few days the bride herself agreed to marry the Complainant against the consent of her family members and ultimately their marriage was performed at Kalyaneswari Temple and they are now living happily as husband and wife. The O.P. Clinic did not agree to furnish the method and kit used in the test which compelled the Complainant to file the instant case for compensation against the O.P.

The O.P. contested the case by filing a written version denying all the material allegations made in the complaint contending inter alia that the Complainant is not entitled to get any compensation in this case as there is nothing wrong with the report furnished by them.

                                                                                                                                                                                         Contd……p/2

                                                                                                          Page: 2

  -: Decision with reasons: -

Having regard to the facts of the case, submission and contention and documents on both sides the Commission finds that both the reports show negative result of HIV & HBs AG of the couple and the report furnished by the O.P. Clinic cannot stand on the way of solemnization of marriage between the parties. Non-furnishing of particulars of method and kit used cannot make the report defective. The Commission cannot however go into the validity and legality of such report.

The question of compensation arises when there is loss and injury due to deficiency in service but in this case the Complainant could not show any loss and injury due to such report furnished by the O.P. Clinic and the withdrawal of the consent of the father of the groom from such marriage is personal matter having no connection with the subject matter of the report.

The Complainant has no case at all to proceed against the O.P. Clinic.

Hence it is ordered……..

That the case is dismissed on contest in limine but without cost.

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

 

                     ____________________                               _________________                                  _________________

                    HON’BLE   PRESIDENT                          HON’BLE MEMBER                              HON’BLE MEMBER