Circuit Bench Asansol

StateCommission

IA/34/2018

BISHNU CHAKRABORTY & ORTHERS. - Complainant(s)

Versus

DR. TAPAN MANDAL & ORTHERS. - Opp.Party(s)

SHANTI RANJAN HAJRA

29 Nov 2018

ORDER

ASANSOL CIRCUIT BENCH
of
WEST BENGAL STATE CONSUMER DISPUTES REDRESSAL COMMISSION
KSTP COMMUNITY HALL , DAKSHIN DHADKA
ASANSOL, PASCHIM BURDWAN - 713302
 
Interlocutory Application No. IA/34/2018
( Date of Filing : 01 Nov 2018 )
In
Complaint Case No. CC/2/2018
 
1. BISHNU CHAKRABORTY & ORTHERS.
S/O GAUTAM CHAKRABORTY, RESIDENT OF BIDHANPALLY, PAL PARA, P.O-SRIPALLY, P.S.-BARDHAMAN SADAR, DIST-PURBA BARDHAMAN, PIN- 713103
2. Minor Disha Chakraborty
Resident of Bidhanpally, Pal para, P.O.- Sripally, P.S- Bardhamann Sadar, Dist- Purba Bardhaman, Pin-713103
...........Appellant(s)
Versus
1. DR. TAPAN MANDAL & ORTHERS.
GOLAHAT ROAD, P.O- SRIPALLY, P.S.-BARDHAMAN SADAR, DIST-PURBA BARDHAMAN, PIN- 713103
2. MEDICAL-SUPERINTENDENT-CUM-VICE-PRINCIPLE OF B.M.C.H.
OFFICE AT BURDWAN MEDICAL COLLEGE AND HOSPITAL, P.S.-RAJBATI, P.S.-BARDHAMAN SADAR, DISTRICT-PURBA BARDHAMAN,PIN-713104
3. CHIEF MEDICAL OFFICER OF HEALTH(C.M.O.H.), PURBA BARDHAMAN
SHYAMSAYER EAST,P.O.-BURDWAN,P.S.-BARDHAMAN SADAR, PURBA BARDHAMAN-713101
4. STATE OF WEST BENGAL REPRESENTED BY COLLECTOR OF PURBA BARDHAMAN
BURDWAN DISTRICT COURT COMPOUND,KACHHARI ROAD,P.O-BARDHAMAN,P.S.-BARDHAMAN SADAR, DISTRICT-PURBA BARDHAMAN, PIN-713101
...........Respondent(s)
 
BEFORE: 
 HON'BLE MR. KAMAL DE PRESIDING MEMBER
 
For the Appellant:SHANTI RANJAN HAJRA, Advocate
For the Respondent:
Dated : 29 Nov 2018
Final Order / Judgement

Order No. : 07

Date : 29.11.2018

 

Complainant is present through Ld. Lawyer.

OP 1 is also present through Ld. Lawyer.

IA/34/2018 is taken up for hearing.

Heard both sides. Considered.

The instant IA Case relates to an application for a direction upon OP2 to produce the bed head tickets and monitoring sheet towards the treatment of deceased Rupa Chakroborty.

In filing the petition, it is stated by the complainant that the wife of the complainant, namely, Rupa Chakroborty became pregnant and was admitted under OP 1 at Burdwan Medical College and Hospital on 17.07.2017 at 12.36 p.m. It is alleged that there was no complication during the course of pregnancy and ultimately the wife of the complainant died there for the negligence of the OPs.

It is alleged that the OPs failed to take reasonable care at the time of treatment of the said patient and has also alleged medical negligence.

It is stated that the bed head tickets and monitoring sheet in respect of the treatment of deceased Rupa Chakroborty are very much vital for proper adjudication of the present case and the same are lying under the custody of the OP 2. The complainant has prayed for appropriate order.

Perused the case record and other documents on record. It appears that the complainant has alleged medical negligence against the OPs. This Commission thinks that the bed head tickets and monitoring sheet in respect of the treatment of deceased Rupa Chakroborty are very much required for the proper and appropriate adjudication of the present case.

In such circumstances, OP 2 i.e. Medical – Superintendent cum Vice Principal, Burdwan Medical College and Hospital having office at Burdwan Medical College and Hospital, P.O. Rajbati, District Purba Bardhaman is directed to produce the bed head tickets and monitoring sheet towards the treatment of deceased Rupa Chakroborty for the period of 17.07.2017 till her death.

Let a copy of this order be sent to the OP 2 for compliance.  

To 19.12.2018 for compliance.

The instant I.A. is thus disposed of.

 
 
[HON'BLE MR. KAMAL DE]
PRESIDING MEMBER

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