Date of filing: 13.04.2018 Date of disposal: 24.07.2018
Complainant: Gulsona Bibi, W/o. Md. Habib, residing at Boronilpur, PO: Sripally, PS. & Dist: Burdwan – 713 103.
Opposite Party: 1. Dr. Suprakash Bhattacharya, Ananda Pally, PO: Sripally, Burdwan – 713 103.
2. The Proprietor, Kalpataru Nursing Home, 104, R. B. Ghosh Road, Narkelbagan More, Khoshbagan, PO: Rajbati, Burdwan, PIN – 713 104.
3. Dr. Koushik Das, Boronilpur Bazar, PO: Sripally, Burdwan, PIN – 713 103.
4. Dr. K. Majumdar, service to be served through Dr. Koushik Das, Boronilpur Bazar, PO: Sripally, Burdwan, PIN – 713 103.
Present : Hon’ble President: Smt. Jayanti Maitra (Ray).
Hon’ble Member : Smt. Nivedita Ghosh.
Hon’ble Member: Dr. Tapan Kumar Tripathy.
Appeared for the Complainant: Ld. Advocate, Ashish Banerjee.
Appeared for the Opposite Party No. 1 & 3: Ld. Advocate, Deb Krishna Sinha.
Order No. 58, Dated: 24.07.2018
This order is arising out of the M.A. being No. 19/2018 filed by the complainant in the C.C. No. 13/2014 with a prayer for an order refer the complaint case as also the written version and all related documents to the expert for his opinion regarding commission of medical negligence.
It is stated by the complainant in the said M.A. that the case has been filed alleging medical negligence against the Ops. The complainant also stated in the said application that there are some medical terms appearing on the documents and the Ops in course of their submissions in written version or otherwise, instead of explaining those medical terms he put the burden on the complainant to do the same. As the complainant is a layman with no expertise on medical science and therefore the complaint case as also its counter as made out in the written version, along with the related documents, prescriptions etc. should be referred to an expert for its opinion over the matters involved in the present proceeding.
The Ops have raised formal objection against such application stating that the complainant has filed this application at a very belated stage and it is nothing but a dilatory tactics. In this way the complainant is dragging the procedure and delaying the disposal of the complaint.
It is seen from the application filed by the complainant that the prayer of the complainant is not specific one and there is no mentioning regarding where to send the documents for expert opinion and in which field (Department) of Medical College & Hospital. In such a situation we are not in position to allow such application as the prayer is not very specific and clear one.
Hence, it is
O r d e r e d
that the M.A. being No. 19/2018 be and the same is dismissed on contest without any cost.
Let plain copies of this order be supplied to the parties free of cost as per provisions of law.
Dictated & Corrected by me: (Jayanti Maitra (Ray)
President
(Jayanti Maitra (Ray) DCDRF, Burdwan
President
DCDRF, Burdwan
(Tapan Kumar Tripathy) (Nivedita Ghosh)
Member Member
DCDRF, Burdwan DCDRF, Burdwan
