Today is fixed for S/R appearance and hearing the revision on merit. The revisionist S Roy is being represented through Ld. Advocate S Mrituka. Respondent Dr. S Sanyal and respondent no. 2 Maya Sanyal Clinic and Nursing Home are being represented through Ld. Advocate B Saha by VAKALATNAMA. Both parties agreed to hear the revisional application today. Accordingly the revisional application is taken up for hearing. Heard the Ld. Advocate of the both sides. The fact of the case in nut shell is that the revisionist S Roy has filed the consumer complainant before the Ld. D.C.D.R.F, Siliguri bearing no. 6/S/2018 against the Opposite Parties Dr. S Sanyal and others for claiming compensation on account of medical negligence, harassment etc. The complaint case was admitted by the Ld. Forum and  issued notice upon the Opposite Parties. The Opposite Parties recorded the presence before the Ld. Forum and submitted the written version thereon. The evidences of the complainant and her witness was already recorded and thereafter the revisionist/complainant Sujata Roy filed a petition before the Ld. Forum for obtaining the expert report through the process of sending questionnaires to Dr. SK Jana at Calcutta. The said petition was submitted before the Ld. Forum on 12//10/2018 and the petition was placed for hearing on 19/3/2019. After hearing both sides, the Ld. Forum has disposed of the said petition after passing order of rejection on the ground that obtaining medical expert report through questionnaires was not appropriate.

Being aggrieved with the said order this revision follows on the ground that the ld. Forum has misconceived the actual contention of the revisionist in the petition dated 12/10/2018 and order of Ld. Forum suffers from irregularity liable to be set aside. The Opposite Parties has contested this revision through ld. Advocate B Saha.

Decision with reasons

On hearing Ld. Advocate of the both sides, it is revealed that the revisionist/complainant tired to establish her allegations of medical negligence on the part of the Opposite Parties by collecting the evidences through medical expert by sending the questionnaires to him which was turn down by the Ld. Forum. After going through the contents of the petition, it is established that Dr. SK Jana is a renowned medical expert and it is contended on the part of the revisionist that the said physian SK Jana has retired from West Bengal Heath Service and now he intend to give his opinions in the field of medical legal cases and if the questionnaires are supplied to the said physicians Dr. SK Jana for his replies then the forum may adjudicate the dispute in the light of the observations of Dr. Jana particularly when the case relates to medical negligence. Ld. Advocate of the respondents submit that if the revisionists is permitted  to send the questionnaires to the medical expert Dr. SK Jana then the Opposite Parties to this case should be provided opportunity to put questionnaires upon Dr. Jana in respect of his replies to the questionnaires submitted by the complainant/revisionists and if necessary, the opposite Party should also be provided an opportunity to cross examine Dr. Jana before the Ld. Forum.

After going through the revisional hearing this commission finds that for the proper interest of justice, the questionnaires furnished by the complainant revisionist before the ld. Forum should be sent to Dr SK JANA for his reply and for that reason, the revisional application should be allowed. Accordingly the instant revisional application hereby allowed on contest without any cost. The order of Ld. D.C.D.R.F, Siliguri dated 19/3/2019 in CC 6/S/2018 is hereby set aside. Ld. Forum is hereby requested to send the questionnaires of the complainant furnished and obtain the reply to the said questionnaires from Dr. SK Jana.

Thereafter if the Opposite Parties to this case make any prayer before the Ld. Forum for sending their questionnaires to Dr. Jana then such questionnaires also to be sent to Mr. Jana for his replies and if necessary Dr. Jana be called for as witness to face cross-examination and the cost of such appearance of Dr. Jana before the Ld. Forum shall be borne by the complainant side and the Opposite parties equally. Both parties are asked to appear before the Ld. Forum on the date already fixed to this consumer case

Let the order be supplied to the concern parties free of cost and also to be sent the Ld. D.C.D.R.F, Siliguri by e-mail.