West Bengal

Burdwan

MA/51/2023

Dipa Chatterjee, W/O Somjit Chatterjee. - Complainant(s)

Versus

Dr. Soumendra Saha Sikdar & Others. - Opp.Party(s)

Mr. Debjyoti Banerjee.

06 Feb 2024

ORDER

DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION
BDA GUEST HOUSE ( 1ST FLOOR ) KALNA ROAD BADAMTALA
Dist Purba Bardhaman - 713101
WEST BENGAL
 
Miscellaneous Application No. MA/51/2023
( Date of Filing : 12 Apr 2023 )
In
Complaint Case No. CC/29/2018
 
1. Dipa Chatterjee, W/O Somjit Chatterjee.
Bahir Sabramangala Road, P.O. & P.S. Burdwan.713101
Purba Bardhaman
West Bengal
...........Appellant(s)
Versus
1. Dr. Soumendra Saha Sikdar & Others.
Sharanya Multispecialty Hospital, Bamchandaipur.713103.
Purba Barddhaman
West Bengal.
...........Respondent(s)
 
BEFORE: 
 HON'BLE MRS. Lipika Ghosh PRESIDING MEMBER
 HON'BLE MR. Atanu kumar Dutta MEMBER
 
PRESENT:
 
Dated : 06 Feb 2024
Final Order / Judgement

Order Date: 06.02.2024

 

Today is fixed for hearing of the M.A. case being No. 51/2023.

Ld. Advocate for the complainant is present. Ld. Advocate for the OP Nos. 1 & 2 is also present.

Heard the Ld. Advocates of both sides.

On 12.04.2023 the complainant has filed a petition supported by an affidavit, praying for passing necessary order by appointing a  Medical Board from the AIIMS, Kalyani with  the  Uro-Surgeons for expert opinion,  for proper adjudication of the case as  because  during the pendency of the case , on the prayer of the complainant, Ld. Commission preferred an expert opinion before the IPGME&R, SSKM, Hospital.  One opinion vide Memo. No. G&O 70/2022 dt. 23.03.2022 received in this case record from Prof. S.C. Biswas, Head of the Dept. of Gynae & Obs. IPGME&R, SSKM Hospital, Kol-20 addressed to the MSVP, IPGME&R, SSKM Hospital. From this opinion/report, it is not clear whether any expert committee and/or board has been formed to find such expert opinion. The said opinion also suggests to seek opinion from Uro- Surgeon. In reply to RTI of this complainant dt. 12.11.2018 , the CMOH of Purba Bardhaman was pleased to find any Enquiry Report vide Office Memo No. PA/ENQ/08 dt. 24.01.2019 which is clear and elaborative. That both the reports/opinions are contradictory and differ from each other and as per suggestion of Prof. S.C. Biswas , Head of the Dept. of Gynae & Obs. IPGME&R, SSKM Hospital, the complainant prays for expert opinion from the Uro-surgeon of AIIMS , Kalyani.

Ld. Advocate for the OPs file no W/O but at the time of hearing verbally raised objection.

As such we are of opinion, the prayer of the complainant should be allowed.  

 

Hence, it is

                                                  ORDERED

that the M.A. case being No. 51/2023 be and the same is  allowed without any cost.

The complainant is directed to submit all the required documents along with requisites for sending the same to the AIIMS, Kalyani. 

Let a copy of this order be given to the parties on free of cost.

M.A. case being No. 51/2023 is thus disposed of .

 

To        7 .03.2024   for filing all the requisite and relevant documents for sending the same to the Director of AIIMS, Kalyani, Nadia.  

 

 
 
[HON'BLE MRS. Lipika Ghosh]
PRESIDING MEMBER
 
 
[HON'BLE MR. Atanu kumar Dutta]
MEMBER
 

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