Consumer Complaint No.226 of 2016

Date of filing: 23.12.2016                                                             Date of disposal: 28.12.2016

Complainant:               Sri Bikash Majhi, S/o. Late Ananda Majhi, resident of Vill Bazar, Bankapashi, PS: Mangalkoat, District: Burdwan.

-V E R S U S-

Opposite Party:    1.     Glocal Hospital, Khoshkadampur Layek Bazar, Nanoor, Chandidas Road, Bolpur Bazzar, PS: Bolpur, District: Birbhum, PIN – 731 204, represented by its Chairperson.

2.      Dr.  S. Jana, Eye Specialist & Consultant, engaged in his professional affairs with Glocal Hospital, Khoshkadampur Layek Bazar, Nanoor, Chandidas Road, Bolpur Bazzar, PS: Bolpur, District: Birbhum, PIN – 731 204.

3.      Dr. Ashim Kumar Banerjee, MBBS (MS), C/o. Dr. B.C.Roy Memorial Policlinic of at Katwa Municipality, PO. & PS: Katwa, District: Burdwan.

Present:      Hon’ble Member: Smt. Silpi Majumder.

           Hon’ble Member:  Sri Pankaj Kumar Sinha.

Appeared for the Complainant:      Ld. Advocate, Suman Bez.

Order No. 02, Dated: 28.12.2016

The ld. Counsel for the complainant is present by filing hazira. Today is fixed for admission hearing of the complaint. We take up the matter for admission hearing. At the very outset it is noticed by us that the address of the OP-1&2 are within the jurisdiction of Birbhum. But the OP-3 has been made as proforma Opposite Party who is practicing within the territorial jurisdiction of this ld. Forum. The ld. counsel for complainant has advanced his argument. During hearing it is noticed by us that in para 7 the complainant has stated that on 08.12.2015 he met Dr. Asim Kumar Banerjee, MBBS (MS) Eye Specialist at Katwa, Dr. B.C. Mermorial Poly Clinic for treatment of his left eye wherein he detected complete retinal detachment of his left eye. And thereafter the complainant had to rush form pillar to post somehow to get back his vision but ultimately he got knowledge that vision could not be recovered.

This complaint is filed by the complainant alleging medical negligence along with deficiency in service against the OP-1&2 whose existence do not lie within the territorial jurisdiction of this ld. Forum. Though the address of the proforma OP -3 is lying within the territorial jurisdiction of this ld. Forum but no document is produced by the complainant that he met Dr. Asim Kumar Banerjee on 08.12.2015. One document is produced by him issued by Dr. B.C. Roy Memorial Katwa Municipality which is a report issued by Dr. S. S. Saha, MD, Consultant Radiologist. In the said document it is revealed that the complainant was referred by Asim Kumar Banerjee, but no prescription is submitted issued by Dr. Asim Kumar Banerjee. It is true that to make cause of action Dr. Asim kumar Banerjee has been made a party as pro op-3. But no prescription issued by Dr. Banerjee is filed by the complainant, hence the complainant has failed to corroborate his pleadings with any cogent document and for this reason this complaint is not maintain able from the point of territorial jurisdiction during argument the complainant has stated that apart from Dr. Banerjee he went several doctors to regain his vision within the jurisdiction of this ld. Forum but due to inadvertence the said fact has not been mentioned in the petition of complaint. The said doctors who are residing and practicing within the jurisdiction of this ld. Forum issued prescriptions and same are lying under his custody but as no fact has been enumerated in the petition of complaint relying upon those prescription, hence it is not possible for him to amend the complaint before its admission we get much substance in the argument as advanced by the ld. Counsel for the complainant. The complainant has prayed for liberty to a file afresh. As the complaint is not tenable on the point of its territorial jurisdiction, on this score this complaint should go. But in the interest of justice complainant is at liberty to file complaint to any forum or court, if not barred otherwise.

Going by the foregoing discussion, hence, it is

O r d e r e d

that the Consumer Complaint No. 226/2016 is hereby dismissed without being admitted being barred by territorial jurisdiction.

Let a plain copy of this order be supplied to the complainant free of cost as per provisions of law.

Dictated and corrected by me.                                                               

                  (Silpi Majumder)

                         Member

                DCDRF, Burdwan

                                                      (Pankaj Kumar Sinha)                        (Silpi Majumder)

                                                                 Member                                          Member   

                                                          DCDRF, Burdwan                          DCDRF, Burdwan