West Bengal

StateCommission

IA/711/2019

Sankar Pal - Complainant(s)

Versus

Fortis Hospitals and Kidney Institute & Another - Opp.Party(s)

Mr. Soumyajit Ghoshal

04 Dec 2019

ORDER

STATE CONSUMER DISPUTES REDRESSAL COMMISSION
WEST BENGAL
11A, Mirza Ghalib Street, Kolkata - 700087
 
Interlocutory Application No. IA/711/2019
( Date of Filing : 29 Jul 2019 )
In
Complaint Case No. CC/194/2017
 
1. Sankar Pal
13, Dinabandhu Mitra Path, Durgapur, 16, Durgapur(m Corp.), City Centre, Barddhaman, W.B. - 713 216.
...........Appellant(s)
Versus
1. Fortis Hospitals and Kidney Institute & Another
111A, Rash Behari Avenue, Kolkata - 700 029.
...........Respondent(s)
 
BEFORE: 
 HON'BLE MR. JUSTICE ISHAN CHANDRA DAS PRESIDENT
 HON'BLE MRS. SAMIKSHA BHATTACHARYA MEMBER
 HON'BLE MR. SHYAMAL KUMAR GHOSH MEMBER
 
For the Appellant:Mr. Soumyajit Ghoshal, Advocate
For the Respondent: Mr. Soumen Mondal, Advocate
Dated : 04 Dec 2019
Final Order / Judgement

 

HON’BLE JUSTICE ISHAN CHANDRA DAS, PRESIDENT

       This is to consider an application filed by the complainant where the complainant prayed for a direction upon the officials of this Commission to send/produce entire medical reports, documents and pleadings required for forming and conclusive expert’s opinion before the experts’ committee with a further direction to the concerned experts committee to submit a report afresh upon consideration of the materials sent to it.

       Heard Ld. Counsel for the parties. From the order dated 24-12-2018 it appears  that the documents were sent to the Superintendent of Medical College and Hospital, Kolkata to form a committee of doctors specialized in the field of treatment of the deceased concerned for examination of the documents and to submit a report within certain period. We have received a report from the concerned committee which by its report dated 08-12-2019 expressed its inability to comment on nephrectomy by CMC, Vellore as the Renogram Renal Scan Report was incomplete (2nd page of the report was missing). From perusal of the record it appears to us that the complainant filed an incomplete report before us and it could not be send to the concerned committee for its valuable opinion. Hence we direct the complainant to produce the full Renogram Renal Scan Report before us so that it can be sent to the concerned committee for its valuable opinion afresh. On production of the said full report by the complainant, the office is directed to send a copy of the petition of complaint, a copy of the written versions filed by the OPs and all the documents including the Renogram Renal Scan Report in full for consideration by the expert committee. The Expert Committee is requested once again to re-examine the report and to give its valuable opinion for determining the question in controversy between the parties. With this observation and direction this Interlocutory Application stands disposed of. To 23/12/2019 for filing documents for sending it to the expert’s committee.

 
 
[HON'BLE MR. JUSTICE ISHAN CHANDRA DAS]
PRESIDENT
 
 
[HON'BLE MRS. SAMIKSHA BHATTACHARYA]
MEMBER
 
 
[HON'BLE MR. SHYAMAL KUMAR GHOSH]
MEMBER
 

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