DISTRICT CONSUMER DISPUTES REDRESSAL FORUM
MUCHIPARA, BURDWAN.
Consumer Complaint No.128 of 2015
Date of filing:29.05.2015 Date of disposal:07.08.2015
Complainant: Kuntal Maji, S/o.Sri Krishna Kali Maji, resident of Vill.- Kulchanda, P.O. & P.S.-
Bhatar, Dist.-Burdwan, Pin-713125.
-VERSUS-
Opposite Parties: 1. Dr. Amalesh Kumar Das, Diamond Hospital Pvt. Ltd., Andal More, Andal,
Dist.-Burdwan, Pin-713321.
2. Diamond Hospital Pvt. Ltd., Andal More, Andal, Dist.- Burdwan, Pin-
713321., represented by its Proprietor.
Proforma Opposite Parties
- ESI Hospital, Durgapur, W.B., Durgapur, P.O.-Bidhannagar, Durgapur-6,
represented by its Superintendent.
- Dr. Abhigyan Mondal, having its chamber at Khosbagan, behind Burdwan Sadar Police Station, P.S. & Dist.-Burdwan, Pin-713101.
- Vyadehi Institute of Medical Silences, Vyadehi Hospital and Research Centre at 82, EPIP Area, Whitefield, Bangalore-560066, represented by its Superintendent.
Present : Hon’ble President: Sri Asoke Kr. Mandal.
Hon’ble Member : Sri Durga Sankar Das.
Appeared for the Complainant: Ld. Advocate Subrata Ghosh.
Appeared for the Opposite Party 1: Ld. Advocate Shymal Kumar Ganguli.
Appeared for the Opposite Party No.2: Ld. Advocate Birendra Pathak.
Appeared for the Proforma Opposite Party No.1: Ld. Advocate Titas Chowdhury.
Appeared for the Proforma Opposite Party No.2: Ld. Advocate Mirza Raja Begg.
Appeared for the Proforma Opposite Party No.3: None.
Order No.12
07.08.2015
The case record is put up for passing necessary order as the M.A. Case No. 52/2015 has already been disposed of.
This Forum by passing the order No.11 dated 7.8.2015 has been pleased to reject the petition for condonation of delay dated 17.6.2015 by disposing of M.A. Case No.52/2015 with the observation that the complaint has not been filed within the period of limitation i.e. two years from the date of cause of action which arose on 29.3.2013.
In the above premises this complaint should not be admitted and accordingly there is no alternative but to dismiss the complaint with the observation that the C.C. No.128/2015 is barred by limitation.
Fees paid is correct. Hence, it is
Ordered
that the complaint being No. C.C. 128/2015 is not admitted being barred by limitation and accordingly the case is dismissed on contest against the Principal O.P. No.1 & 2 and Proforma O.P. No.1 and ex-parte against the rest without cost. Let the copies of this order be supplied to the each party free of cost.
(Asoke Kr. Mandal)
Dictated and corrected by me. President
D.C.D.R.F., Burdwan
(Asoke Kr. Mandal)
President
D.C.D.R.F., Burdwan
(Durga Sankar Das)
Member
D.C.D.R.F., Burdwan