C.F. CASE No.                      :            CC/12/17

COMPLAINANT                  :           Smt Gouri Majumder

                                    W/o Jagadish Chandra Majumder

                                    Of 133, Sreenathpur Road,

                                    Court Para, P.O. & P.S. Ranaghat,

                                    Dist. Nadia, PIN - 741201

• Vs  –

OPPOSITE PARTIES/OPs   :    1)     Dr. Santanu Banerjee

                                    (Consultant Orthopaedic Surgeon)

                                    C/o Bhabani Nursing Home,

                                    3 No. GNPC Road,

                                    P.O. & P.S. Ranaghat,

                                    Dist. Nadia, PIN - 741201

                                        2)     The Proprietor,

                                    Panacea Nursing Home

                                    32, Barasat Road, 15 No. Railway Gate,

                                    Barrackpore, Kolkata – 700122

                                     3)        The Proprietor,

                                    Bhabani Nursing Home

                                    3 No. GNPC Road,

                                    P.O. & P.S. Ranaghat, Dist. Nadia

                                    PIN – 741201

PRESENT                : SHRI PRADIP KUMAR BANDYOPADHYAY, PRESIDENT

   : SMT REETA ROYCHAUDHURY MALAKAR, MEMBER

   : SHRI SHYAMAL KUMAR GHOSH,          MEMBER

DATE OF DELIVERY                                             

OF  JUDGMENT                         :  10^th March, 2014

:    J U D G M E N T    :

            This case was filed on 15.02.12 by Smt. Gouri Majumder under Section 12 of the Consumer Protection Act, against Dr. Santanu Banerjee, Orthopaedic Surgeon and Proprietors of Panacea Nursing Home and Bhabani Nursing Home as OP No. 1, 2 & 3 respectively.   The facts of the case to put, in a nutshell, are as below:-

            This is a case of total knee replacement of the complainant.  The complainant came to OP No. 1 with the prayer of her right knee first on 07.01.2008 and OP No. 1, Dr. Santanu Banerjee treated her at Bhabani Nursing Home, the OP No 3 and thereafter she was advised by the said doctor for admission of Panacea Nursing Home at Barrackpore.  On 09.08.08 after operation she was discharged on 15.08.08.  Of course she visited Dr. Banerjee, OP No. 1 number of times and also other doctors during the period 2008-09.  Another operation of her knee was done by Dr. Rajesh Rajput who has not been made party to this case.  Due to negligence of the doctors she could not be cured and she is still bedridden. 

            She prayed for compensation of rupees 10 lakh as she became permanently handicapped.  She also prayed for medical expenses to the tune of rupees 7 lakh along with cost of the suit. 

            The OP No. 1, 2 & 3 filed written objection and the sum and substance of the written version are as under:-

            The case of the complainant is false.  She has claimed exorbitant amount.  She did not listen to the doctors’ advices properly.  The case is bad for nonjoinder of parties, e.g., of Dr. Rajesh Rajput.  The case the harassing.  The written objection was filed on 13.02.12 goes to show that there was no negligence on the part of the OP No. 1.  The OP No. 2 and 3 also claimed innocence. 

POINTS FOR DECESION

1. Point No. 1:   Has the complainant succeeded in establishing the medical

negligence on the part of the OP No. 1 or 2 or 3?

2. Point No. 2:     Is the case bad for nonjoinder of parties?
3. Point No. 3:   What relief the complainant is entitled to get?

REASOND DECISIONS

            For the purpose of brevity and convenience all the points are taken up together for discussion.

            Perused the affidavit of Gouri Majumder wherein she had stated that she was admitted on 09.08.08 but before that she was treated that Dr. Santanu Banerjee, OP No. 1 on 07.01.08.  She has also stated that she was admitted at the Nursing Home of OP No. 2 & 3 respectively on different dates.  She has stated in page 3 of written complaint that Dr. Rajesh Rajput treated her on 04.06.10 and operated her knee.  She was also admitted at Charnack Hospital on 05.10.10 and discharged on 07.10.10.  The complainant continued treatment of Dr. Rajesh Rajput.

            Unfortunately, Dr. Rajesh Rajput had not been made party to the case although he treated the patient since long.  At present the complainant is being treated by Dr. Soumitra Misra who has also not been made party to the suit.  Perused the certificate of Panacea Nursing Home and Dr. Santanu Banerjee who took up the case knee replacement (right).  The ‘patient’s record / summery’ of Dr. Sailendra Bhattacharya of Rajarhat-Gopualpur is also on the record showing left knee operation and pain.  Dr. Soumitra is also treated the patient Gouri Majumder was also admitted at recovery Nursing Home vide discharge certificate dtd. 03.11.11 to 08.11.2011. 

            The documents have not been proved by the complainant.  The medical documents went unproved.  No witness is forthcoming to support the case of the complainant.  Hence, we are not in a position to come to a decision regarding medical negligence of any of the OPs.

            It is also not clear why Dr. Rajput was not made party although he operated upon the complainant.  Hence, we are inclined to hold that the complainant is not established his case and the case is bad for defect of parties and therefore, as the case fails the complainant is not entitled to get any relief.  The points are thus decided against the complainant. 

Hence,

Ordered,

That, the case CC/12/17 be and the same is dismissed on contest without cost.

Let a copy of this judgment be delivered to the parties free of cost.