Order No. 6 dated 13/02/2019

The record is taken up for passing final order. This revisional case arises against the order of Ld. D.C.D.R.F, Cooch Behar dated 22/03/2018 in reference to CC no. 29 of 2015. The fact of the case in nutshell is that the revisionist Sudha Das filed the instant consumer complaint case on behalf of her husband since deceased Pradip Das who had met with an accident on 16/12/2012 and suffered in “Fasciotome” in his left let and were admitted at respondent no. 2’s nursing home on that very date under the care of Dr. Shamik Chowdhury (respondent no. 1) for a surgery and admitted there for his treatment for a period between 16/12/2012 and 19/12/2012. According to the case of the revisionist/complainant that due to medical negligence and deficiency off service P. Das since deceased has endured tremendous suffering and ultimately passed away. The revisionist/complainant then filed the instant consumer complaint which was duly admitted by the Ld. D.C.D.R.F, Cooch Behar and issued notice upon the Ops that is the respondents. The case of the revisionist/complainant is that at the time of discharge from the said nursing home of her husband P. Das, the necessary medical papers, treatment sheets, bedhead tickets etc. was not handed over to the patient party. So, the complainant/revisionist asked the respondent no. 2 nursing home to supply the said documents during the pendency of the consumer complaint case. In spite of the said request the respondent no. 2 did not supply such medical documents. Then the revisionist had requested the Ld. Forum to pass necessary order upon the respondent no. 2 to furnish the said medical documents. The respondent no. 2 could not furnish the said medical documents on the ground that it was mis placed and by a petition dated 19/02/2019 before the Ld. Forum the respondent no. 2 urged Ld. Forum to relief the respondent no. 2 in furnishing the said documents due to mis placed of the same. The matter was placed before the Ld. Forum for hearing on 22/03/2018, on that date the complainant/revisionist filed a petition for an adjournment so that the matter be heard after filing the written objection. The time was not provided by the Ld. Forum and on that very date the petition of respondent no. 2 dated 19/02/2018 was heard by Ld. Forum and passed the necessary order to the effect that as the OP No. 2 (respondent no. 2) was unable to produce the documents. The petition dated 19/02/2018 was disposed of and Ld. Forum fixed the date for delivery of judgement on 29/03/2018. Being aggrieved with this order this revision follows on the ground that Ld. Forum erroneously passed the order where the revisionist has deprived from getting authenticated medical papers which were lying under the custody of respondent no. 2 and for that reason the complainant/revisionist was debarred from producing the cogent documents before the Ld. Forum and in this way due to the order of Ld. Forum dated 22/03/2018, the revisionist has become prejudiced. So, according to the revisionist this order is liable to be set aside.

            The revisional application was originally registered at Hon’ble State Commission, Kolkata Bench. The respondent no. 1 to 3 has secured their appearances before this Commission. Subsequently, the notice of revision upon the Op no. 4 was served by the revisionist. The respondent no. 1 and 2 has contested the case through Ld. Advocate. Kamalika Sen, Pappu Mahanta and ors. The revisionist before this Bench has been represented through Ld. Advocate Rabindra Dey. The revisional application was heard in presence of Ld. Advocate of both the sides.

Decisions with reason

            After hearing both the sides of this case, it is brought to our notice that the husband of revisionist after suffering from a serious leg injury in a road traffic incident got admitted under the care of Dr. S. Choudhury at Shila Nursing Home at Cooch Behar where a surgery took place in his leg. Subsequently, the said P. Das has expired due to such injury and for medical negligence on the part of the attending physician and nursing home authority. The wife of the deceased has filed the instant consumer complaint. On the prayer of the revisionist the Ld. Forum had directed the nursing home authority that the respondent no. 2 to furnish all the medical documents which were lying under their care. In spite of Ld. Forum’s order, the respondent no. 2 could not furnish the same with an excuse that the said documents was somehow mis placed due to shifting the address of the establishment. The respondent no. 2 in order to exonerate them from furnishing the said document, submitted a prayer before Ld. Forum dated 19/02/2018. Ld. Forum has disposed of the said application without passing any reasonable order as to what sort of action to be taken against the respondent no. 2 for not furnishing the necessary documents which was urgently needed to discuss or consult before adjudicating the instant medical negligence case. This order of Ld. Forum is not apparent to be a reasonable or speaking order and the interest of the complainant who suffered a lot has not been protected by this order under revision. So, the said order appears to us is not convincing and acceptable one as because the Ld. Forum had the opportunity either to reject the petition dated 19/02/2018 or to allow the said petition by exonerating the liability of the respondent no. 2 in furnishing the said documents. Therefore, in view of the Commission the order dated 22/03/2018 passed by Ld. Forum is not convincing one in the eye of law and liable to be set aside. Thus, the revisional application is hereby disposed of on merit.

Hence it is ordered: -

That the instant revisional application is hereby allowed on contest without any cost. The order of Ld. D.C.D.R.F, Cooch Behar dated 22/03/2018 in CC no. 29 of 2015 is hereby set aside. Ld. Forum is requested to ask the respondent no. 2 to furnish the said documents by giving them a time of 15 days before the Ld. Forum, failing which the Ld. Forum shall consider the case of the complainant that deceased P. Das was admitted in the Shila Nursing Home on 16/12/2012 to 19/12/2012 and a surgery of his left leg was taken place there. Ld. Forum also shall fix a date for hearing arguments afresh and thereafter pass the final order according to the merit of the consumer dispute. Let a copy of this order be supplied to the parties free of cost and the same be communicated to the Ld. D.C.D.R.F, Cooch Behar for taking necessary action. The interim order of stay passing earlier by this commission stands waived.