DISTRICT CONSUMER DISPUTES REDRESSAL FORUM
MUCHIPARA, BURDWAN.
Consumer Complaint No.169 of 2015
Date of filing: 07.8.2015 Date of disposal: 27.5.2016
Complainant: Sri Ayush Kumar, S/o. Satya Narayan Ram, resident of Village: Dhemomain Dhura No. 5, PO: Baradhemo, PS: Asansol (S), District: Burdwan, PIN – 713 367.
-V E R S U S-
Opposite Party: Dr. Subir Bhattacharya, B.V.Sc. & AH. Regd. No. 548, Retired, District Veterinary Officer, Experience in canine practice, Chamber: - Sri Durga Pharmacy, Rabindranagar, Burnpur Road, Residence: - Anirban Apartment, Flat No. B/2 Rabindranagar, Burnpur Road, District: Burdwan, PS: Hirapur, PIN – 713 304.
Present: Hon’ble President: Sri Asoke Kumar Mandal.
Hon’ble Member: Smt. Silpi Majumder.
Hon’ble Member: Sri Pankaj Kumar Sinha.
Appeared for the Complainant: Ld. Advocate, Ramprasad Mondal.
Appeared for the Opposite Party: None.
J U D G E M E N T
This complaint is filed by the complainant u/S. 12 of the C.P. Act, 1986 alleging deficiency in service, as well as, medical negligence on behalf of the OP because due to such negligence the pet dog died untimely.
The brief fact of the case of the complainant is that he possessed a habit to rear the domestic animals with his own best care. He is the owner and possessor of an uncommon pet dog SANDY breed pup aged 3 years, who was his best companion in his every step. He tried his best to provide best service to his beloved pup to grow up. Gradually its popularity has been formed in the public place and the complainant used to appear with his dog SANDY pup in the special game show for the children arranged by local welfare society. The said pup of the complainant felt uneasy in its usual life i.e. he did not take food as earlier and not sleeping usually and for this reason the complainant brought his SANDY pup to the OP for treatment. The OP-Doctor observed the dog and prescribed medicine, as well as, gave a Vaccine Card and applied Corona Vac time to time on the same day. But the complainant’s SANDY pup do not response to those medicines and its health condition became deteriorating and cried all times restlessly without taking any food. Under this situation the complainant again went to the OP-Doctor on 26.4.2014 when the OP again prescribed some medicines and those were accordingly applied to the pup. But the pup gradually became sick and attacked with fever. Getting no fruitful result by the said medicine the complainant again brought his pup to the OP-Doctor on 10.5.2015 and the OP again prescribed some medicine and remarked that the pup will recover very soon, but ultimately no fruitful result was found by applying those medicines as the health of the said pup was gradually deteriorating. Despite application of all medicines to the little pup prescribed by the OP-Doctor, the condition became very worse day by day and on 12.5.2015 he brought his pup to the doctor and earnestly prayed with folded hands to the OP-Doctor to save the life of his beloved pup, but the OP-Doctor did not take proper care and had miserably failed to provide medical treatment. Not only that he did not prescribe any medicine on that occasion for the said pup and unfortunately on the next day i.e. 13.5.2015 due to negligence of treatment provided by the doctor the complainant lost his beloved his SANDY pup forever. With its death the complainant became very perplexed and having no alternative he has filed this complaint before this ld. Forum praying for direction upon the OP to pay Rs. 1, 00,000=00 towards compensation due to medical negligence of the OP and harassment, mental trauma and pain of him, an interest @12% per annum on the above amount from the date of filing of this complaint till realization etc.
After admission hearing notice was issued upon the OP through speed post along with the copy of the complaint and other relevant documents and date was fixed on 18.9.2015 for S/R and appearance of the OP. As the notice had not been served till 15.10.2015, further date was fixed for S/R and appearance of the OP on 05.11.2015. On 30.11.2015 the postal track report showed that the notice upon the OP has been served, but none was appeared on behalf of the OP. For this reason this ld. Forum was pleased to proceed with the complaint ex parte against the OP. On 17.02.2016 the complainant has filed one application praying for an expert opinion on the point of medical negligence on the part of the OP-Doctor. As the OP did not appear, no occasion arose to serve the copy of the said application to the OP. The said application was registered as M.A. no. 39/2016 and accordingly the same was allowed. Documents were sent to the Deputy Director (ARD&PO), Purta Bhawan, 6th Floor, PO: Sripally, District: Burdwan, PIN-713 103 requesting him to submit the expert opinion to this ld. Forum in connection with this complaint. Accordingly ld. experts namely, Dr. Jayanta Ghosh, Dr. Tapan Bhar and Dr. Bikash Chandra Rana have submitted their opinion dated 21.3.2016 and this ld. Forum had duly received the said opinion along with a forwarding letter dated 22.3.2016 on behalf of Govt. of West Bengal, Office of the Deputy Director of Animal Resources Development & Parishad Officer, Burdwan, Purta Bhawan, 6th Floor, Sripally, Burdwan, PIN – 713 103 (WB).
We have carefully perused the record along with the expert opinion sent by the expert doctors and heard argument advanced by the ld. Counsel for the complainant. It is seen by us that admittedly the complainant is the owner and possessor of a pet dog SANDY breed pup who felt uneasy in its usual life and did not take any food and for this reason the complainant brought his beloved pup to the OP-Doctor on several occasions. On each and every occasion the OP-Doctor had prescribed some medicines and gave vaccine. But inspite of application of medicines and vaccine the physical condition of the pet dog was deteriorating day by day. It is seen from the petition of complaint that about three to four occasions the pet dog was brought by him to the OP- Doctor and the OP-Doctor used to prescribe some medicines. Admittedly as the medicines, as well as, the vaccine did not response ultimately the pet dog expired on 13.5.2015t. The allegation of the complainant is that that due to negligence and lack of care on behalf of the OP-Doctor his pet dog expired. Alleging medical negligence this complaint is initiated by him praying for certain reliefs.
Upon careful perusal of the expert report given by three doctors dated 21.3.2016 it is seen by us that the experts have opined that -
- 1. Supportive documents does not clearly indicating the medicines are actually applied or not as the medication done in the pup owner’s residence.
- 2. Rather medical advice from the end of Dr. Subir Bhattacharya does not indicative of any negligence.
Hence it is clear from the experts’ view that there was no medical negligence in providing proper treatment to the pet dog of the complainant from the end of the OP-Doctor. It is true that inspite of such report we are not bound to come to a conclusion that there was no negligence on behalf of the OP-Doctor, but in view of several judgments passed by the superior Courts even the Hon’ble Apex Court along with the Evidence Act wherein it has been mentioned that complainant is under obligation to prove his case first and onus lies upon his shoulder. In the case in hand the complainant has miserably failed to prove that there was medical negligence on behalf of the OP-Doctor to provide proper treatment to his pet dog. Complainant should stand on his own legs, not on the others. There is no iota of evidence in the record from where it is proved that there was lack of care and medical negligence on behalf of the OP-Doctor. Moreover, upon receipt of the expert opinion the complainant did not take any step to challenge the said expert report. As the expert report dated 21.3.2016 is in force, we cannot go beyond the same unnecessarily, where the complainant has failed to prove his case by adducing cogent evidence. As the complainant has failed to substantiate his case hence, it is
O r d e r e d
that the complaint is thus dismissed ex parte against the OP. Considering the facts and circumstances of the case there is no order as to costs.
Let plain copies of this order be supplied to the parties free of cost as per provisions of Consumer Protection Regulations, 2005.
(Asoke Kumar Mandal)
Dictated and corrected by me. President
DCDRF, Burdwan
(Silpi Majumder)
Member
DCDRF, Burdwan
(Pankaj Kumar Sinha) (Silpi Majumder)
Member Member
DCDRF, Burdwan DCDRF, Burdwan
