Ld. Advocate(s)
For Complainant: Tathagata Biswas
For OP/OPs : Kajal Ghosh
(2)
Date of filing of the case :30.03.2017
Date of Disposal of the case : 31.07.2023
Final Order / Judgment dtd.31.07.2023
Complainant above named filed the present complaint against the aforesaid opposite parties u/s 12 of the Consumer Protection Act, 1986 praying for direction to the OPs to pay compensation amounting to Rs.5,00,000/- and also to be directed to pay Rs.1,00,000/- for mental pain and agony and also to be directed to pay Rs.10,000/- as cost of the case.
He alleged that on 20.07.2016, he went to Chowgahha to Sonadanga over the National Highway by walking and on that time one motor cycle dashed him from back side as a result he sustained injury badly and his left leg femur was broken down.
Complainant went to District Sadar Hospital then doctor of the said hospital namely Sankar Kumar Roy asked the complainant to go local Hospital as there is no infrastructure for proper operation at the said Government Hospital. Thereafter complainant went to Glocal Hospital that is OP No.2. Dr. Sankar Kumar Roy was attached there and advised to deposit Rs.35,150/- as package amount and operation took place there. Thereafter, doctor asked him to pay further sum of Rs.10,000/-. Thereafter in the said operation OP No.1 installed one plate in the body of the complainant. Complainant visited the chamber of the OP NO.1 and regularly paid Rs.400/- for each visit.
Few days after complainant felt badly pain over the said leg as a result OP NO.1 advised him for X-Ray.
After perusing the X-Ray report complainant came to know that said plate is curbed one over his leg. Thereafter, complainant went to the chamber of OP No.1 for his treatment then he advised further operation. Thereafter, complainant again got admission before OP No.2 on 18.08.2016 then operation was conducted by OP No.1 and on that time complainant paid Rs.8,684/-. After some days complainant felt pain again his said leg then he consulted with Dr. Somnath Ghatak and came to know after getting the X-Ray report that Dr. Sankar Roy Chowdhury wrongly operated the complainant’s leg and he intentionally advised the plate over the patella for the purpose of earning money. Due to said wrong treatment complainant filed an application before the CMOH, Nadia for taking steps against OP NO.1. Due to such medical negligence, complainant and his family members shocked and humiliated and they are suffering with mental pain and agony. He prays for relief as per prayer.
(3)
Trial
During trial complainant filed affidavit in chief on 10.11.2017. He also filed another affidavit in chief on 16.06.2017 as PW1. OP No.1 filed interrogatories and complainant files answer. OP No.2 filed questionnaires and complainant files answer.
One Manik Sk filed affidavit in chief as PW2. OP No.2 filed questionnaire and he filed answer.
One Somnath Ghatak files affidavit in chief. OP No.1 files questionnaire and he files answer.
OP No.1 also filed affidavit in chief.
Complainant files questionnaire and he gave answer.
OP NO.2 files affidavit in chief. No questionnaire was filed and no answer was filed.
DOCUMENTS
Complainant at the time of filing of complaint filed the following documents viz :-
- Xerox copy of Discharge Summary issued by Glocal Hospital Krishnagar dtd. 26.07.2016.........(Two sheets).........(Annex-1)
- Xerox copy of In-patient billing details issued by Sambhav KNJ Health Care LLP dtd. 26.07.2016........(Fourteen sheets)......(Annex-2)
- Xerox copy of Money Receipt issued by GHSPL Sambhav KNJ Health Care LLP in different dates......(Twelve sheets).......(Annex-3)
- Xerox copy of Haemoglobin (Hb) & other reports issued by Glocal Hospital Krishnagar.......(Seven sheets)........(Annex-4)
- Xerox copy of X-Ray Chest AP View issued by Glocal Hospital Krishnagar........(One sheet)..........(Annex-5)
- Xerox copy of prescription issued by Dr. Sankar Kumar Roy in different dates..........(Four sheets).........(Annex-6)
- Xerox copy of Postal Receipt..........(One sheet).........(Annex-7)
- Xerox copy of Advocate’s letter to CMOH, Nadia dated 06.03.2017......(One sheet)........(Annex-7)
- Xerox copy of prescription issued by Dr. Somnath Ghatak dated 24.12.2016.........(One sheet).........(Annex-8)
(4)
10)Xerox copy of notice dated 04.11.2017........(One sheet)
Brief Notes of Argument
Complainant filed BNA . OP NO.1 filed BNA.
Decision with Reasons
We have carefully gone through the petition of complaint filed by the complainant, W/V filed by the OP No.1, affidavit in chief filed by the complainant, documents filed by the complainant, BNA filed by the complainant and BNA filed by the OP NO.1.
We have carefully gone through those documents No objection was raised relating to any documents. So, we do not find any reason to disbelieve those documents.
On perusal of Xerox copy of discharge summary, we find that complainant was admitted before OP NO.2 on 20.07.2016 and he was discharged on 26.07.2016, he took the admission before OP NO.2 relating to fracture of shaft femur “LT”.
On perusal of the said document, we find that OP NO.2 advised some medicines.
On perusal of another discharge certificate dated 22.08.2016, we find that complainant was admitted on 18.08.2016 and he was released on 22.08.2016 relating to fracture shaft femur. In the said operation implant was removed.
On perusal of the medical bill dated 20.07.2016-26.07.2016, we find that complainant paid Rs.35,150/-. He also paid Rs.5,184/- relating to his treatment as indoor patient for the period from 18.08.2016 to 22.08.2016 . He also filed some documents which relates to his treatment.
Complainant alleged in the complaint in para-6 that when he went before Dr. Somnath Ghatak relating to pain on his left leg he stated that Dr. Sankar Kumar Roy Chowdhury wrongly operated the complainant’s leg and he intentionally fixed the plate over the patella. But complainant produced Xerox copy of the said prescription. He did not produce the original copy of prescription of Dr. Somnath Ghatak.
On perusal of the said prescription, we find that Dr. Somnath Ghatak did not make any such endorsement over his aforesaid prescription that Dr. Sankar Kumar Roy Chowhdhury wrongly operated the complainant’s leg and he intentionally fixed the plate over the patella. Complainant could not produce the original prescription of Dr. Somnath Ghatak, the reason best known to him.
(5)
On careful perusal Xerox copy of prescription of Dr. Somnath Ghatak dated 24.12.2016, we find that he did not make any coment that aforesaid operation was done by the Dr. Sankar Kumar Roy Chowdhury wrongly.
Ld. Advocate for the complainant argued before this Commission that OP NO.1 made wrong treatment as a result complainant is suffering with pain on his left leg in the place of operation which was done under OP NO.1.
On perusal of record, we find that complainant did not make any prayer for constituting of medical board for his examination, examination of documents and for ascertaining the report that OP No.1 neglected the complainant at the time of operation on his left leg.
On careful perusal of the documents and record, we do not find any iota of evidence regarding any negligence on the part of OP No.1.
Having regard to the aforesaid discussion, it is clear before us that complainant has failed to establish his grievance before this Commission by sufficient documents and by sufficient materials and accordingly, complainant is not entitled to any relief as per his prayer.
In the result present case fails.
Hence,
It is
Ordered
that the present case be and the same is dismissed on contest against OP NO.1 & 2 but without any order as to costs.
Let a copy of this final order be supplied to both the parties as free of costs.
Dictated & corrected by me
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PRESIDENT
(Shri DAMAN PROSAD BISWAS,) ..................... ..........................................
PRESIDENT
(Shri DAMAN PROSAD BISWAS,)
I concur,
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MEMBER
(NIROD BARAN ROY CHOWDHURY)
