District Consumer Disputes Redressal Forum
Dakshin Dinajpur, W. Bengal
(Old Sub-Jail Municipal Market Complex, 2nd Floor, Balurghat Dakshin Dinajpur Pin - 733101)
Telefax: (03522)-270013
Present
Shri Sambhunath Chatterjee - President
Miss. Swapna Saha - Member
Shri Siddhartha Ganguli - Member
Consumer Complaint No. 40/2015
Ashutosh Mandal
S/o Late Debendra Nath Mandal
Mobile No.9474730998
Vill.: Saraihat,
P.O. Buniadpur P.S.: Banshihari
Dist. Dakshin Dinajpur 733 121 …………………Complainant(s)
V-E-R-S-U-S
Gita X-Ray & Pathological Centre,
Prop.: Sujit Sarkar
Mobile No.9434891739
Vill.: Rasidpur, P.O. Buniadpur P.S.: Banshihari
Dist.: Dakshin Dinajpur 733 121 …………………Opposite Party
Ld. Advocate(s):
For complainant ……………… - In person
For OP ……………… - None
Date of Filing : 22.09.2015
Date of Disposal : 05.11.2015
Contd…P/2
Judgment & Order dt. 05.11.2015
The complainant has filed hazira. The OP has not appeared in spite of service of Summons as such the case has proceeded as ex-parte.
The case of the complainant in brief is that the complainant met with an accident by a motorcycle on 26.7.2015 for which he sustained injuries on his left foot. Initially, he went to Rasidpur Hospital and thereafter he consulted with doctor Arindam Bhunia who advised him for undergoing x-ray examination in respect of said injury. The complainant, thereafter, went to Gita X-Ray and Pathological Centre and said X-Ray Centre took x-ray of the complainant in respect of his injured portion of leg when the report was asked from the said x-ray centre it was informed to the complainant that it will take 3 days time to handover the x-ray report with the plate. After 3 days while the report was received by the complainant it was found that the report mentioned that it was normal. In view of such observation in the report the complainant walked in normal way for 3-4 days and he found that his foot started to swell. Thereafter he consulted another doctor who advised him for x-ray examination and again, the x-ray was done and it was found that there was fracture and he was treated by the doctor Anindya Sarkar. Subsequently, he consulted another doctor and he examined both the reports and came to conclusion that there was fracture. On the basis of said fact that the complainant has filed this case praying for compensation of Rs. 1 lakh.
The complainant in support of his contention files some documents including x-ray report, medical prescriptions, x-ray plate and other documents and on the basis of those documents he has claimed that since Gita X-Ray and Pathological Centre after conducting x-ray examination did not find any abnormality and he walked in normal way which created complications and subsequently with the consultation of
Contd…P/3
another doctor he came to know that there was fracture for which he was diagnosed by the said doctor and he was also treated by another doctor who opined that there was fracture and if he is not properly treated he may have to undergo operation to restore normalcy in his movement.
On the perusal of the document we found that Gita X-Ray and Pathological Centre after examination opined that there was abnormality and accordingly opined that it was normal. Since the complainant subsequently developed some complications he took advice from another doctor who advised him for undergoing further x-ray which was conducted by Gour X-Ray Clinic and in the x-ray repot it was mentioned that there was fracture at medial malleolus. The said x-ray was done by way of digital radiograph, but the x-ray report submitted by the complainant, which was handed over by the OP was merely x-ray report without application of digital system. The said Gita X-Ray and Pathological Centre may not have sophisticated device to conduct the said examination as claimed by the complainant and moreover, the complainant could not file any receipt to show that he paid Rs.150/- to Gita X-Ray and Pathological Centre for conducting such x-ray test.
Be that as it may, since the complainant has sustained injuries due to accident and he underwent x-ray examination to Gita X-Ray and Pathological Centre and in spite of service of Summons Gita X-Ray and Pathological Centre did not appear before this Forum i.e. the said Gita X-Ray and Pathological Centre has disobeyed the direction of this Forum and accordingly we hold that the cost is to be imposed upon the OP for such deliberate avoiding of charge against the said Gita X-Ray and Pathological Centre and as such we think that cost of Rs.10,000/- (Rupees Ten thousand only) is to be imposed upon the OP and accordingly the case is allowed ex-party against the OP.
Contd…P/4
Hence, it is
O R D E R E D
that the instant petition of complaint CC No.40/2015 is allowed ex-party against the OP with cost.
The OP is directed to pay compensation of Rs.10,000/- (Rupees Ten thousand only) to the complainant within 60 days from this day, failing which the complainant will be entitled to get interest @ 8% p.a. till the realization of the said amount. Let the copy of this order to be provided to the parties forthwith free of cost at once.
Dictated & corrected
………Sd/-….…….
(S. N. Chatterjee)
President
We concur,
……Sd/-..…… ………Sd/-……..
(S. Saha) (S. Ganguli)
Member Member
- Date when free copy was issued ……………………
- Date of application for certified copy ……………………
- Date when copy was made ready ……………………
- Date of delivery ……………………
FREE COPY [Reg. 18(6)]
- Mode of dispatch ……………………
- Date of dispatch ……………………
-x-
