DIST. CONSUMER DISPUTES REDRESSAL FORUM
NORTH 24 Pgs., BARASAT.
C. C. CASE NO.220/2015
Date of Filing: Date of Admission Date of Disposal:
06.04.15 06.04..2015 24.05.2016
Complainant = Vs. = O.P.
Smt. Annapurna Roy Chowdhury, 1.Green View Clinic
W/o. late Arnab Roy Chowdhury, and Nursing Home,
Deulpara, Vidyasagar Path, 231/1, R.B.C. Road,
P.O and P.S. Naihati, P.O. and P.S. Naihati,
Dist- North 24 Pgs. Dist- North 24 Pgs.
2.Dr. Tarun Kr. Adhikary,
Owner of Green View Clinic
And Nursing Home,
231/1, R.B.C. Road,
P.O. and P.S. Naihati,
Dist- North 24 Pgs.
3.Ruma Adhikary,
W/o. Dr. Tarun Kumar Adhikary,
Owner of Green View Clinic and
Nursing Home, 231/1, R. B.C. Road,
P.O and P.S. Naihati,
Dist- North 24 Pgs.
P R E S E N T :- Smt. Bandana Roy …………………….. .President
:-Sri Rabideb Mukhopadhyay…………Member.
:- Smt. Jhunu Prasad……………………. Member.
J U D G E M E N T
The fact of the case, in brief is that the complainant is wife of Late Arnab Roy Chowdhury who suddenly became ill on 18.02.15 and he was taken to the above mentioned Green View Clinic and Nursing Home by the members of her family, neighbour and herself and accordingly Nursing Home Authority admitted him.
The complainant stated that the complainant paid on advance of Rs. 1,000/- only to the Green View Clinic and Nursing Home, 231/1, R. B.C Road, P.O and P.S. Naihati, Dist- 24 Pgs(N), West Bengal and the authority of the said Nursing Home received the said advance amount from the complainant on 18.02.15. The complainant is a beneficiary consumer of the O.Ps mentioned above according to the C.P. Act, 1986.
The complainant further stated that after admission of the patient Arnab Roy Chowdhury in the said Nursing Home the treatment was started by the doctor of the above named Nursing Home and at that time the members of the
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family of Arnab Roy Chowdhury wanted to stay at the Nursing Home but Nursing Home authority did not permit them to stay there. The Nursing Home Authority took the phone number of the complainant for communication and told her that if there was any deficiency or trouble they would call her and on the basis of that advice the patient party returned to their house.
The complainant also stated that on that day i.e. to say on 18.02.15 at about 11:00 P.M at night, owing to anxiety the patient party telephoned in the Nursing Home to know about the condition of health of the patient Arnab Roy Chowdhury and in reply the Nursing Home Authority informed them that the patient was in good condition and the patient might be discharged/ released tomorrow i.e. to say on the next day.
The complainant further stated that on the next day i.e. to say on 19.02.15 in the morning at about 6:30 A. M when the complainant telephoned in the Nursing Home to know about the condition of health of the patient, the Nursing Home Authority told them that the patient would go to bathroom and he was quite well. The complainant has disclosed that hearing the above she and others were free from anxiety.
The complainant also stated that immediately after the said information, the Nursing Home Authority again telephoned the complainant / patient paty that the condition of health of the patient had worsened. In reply, the complainant wanted to know what had happened and the Nursing Home Authority requested her/ patient party to come at the Nursing Home. Thereafter, the complainant, her elder brother (Sri Asim Dey), two neighbours attended the Nursing Home and the doctor disclosed that the husband of the complainant had already expired. The complainant has stated that her brother touched the body of the patient Arnab Roy Chowdhury and could understand that the patient had already expired.
The complainant further stated that the brother of the complainant asked Dr. Tarun Kumar Adhikary and the Nursing Home Authority why they suppressed the matter of death of Arnab Roy Chowdhury so long and were telling a lie. The Nursing Home Authority did not inform the patient party and the complainant regarding the death of Arnab Roy Chowdhury in time.
The complainant also stated that the doctor Tarum Kumar Adhikary informed the patient party that suddenly there was sugar fall and cardiac attack and the patient died for that. The complainant has categorically stated that there was no such expert doctor and infrastructure in the said Nursing Home at that relevant point of time to cope- up the emergent situation. According to the complainant and patient party, there was negligence and deficiency of service on the part of the Nursing Home and doctor, mentioned above. The complainant has further stated that her husband died for not getting any proper treatment in the said Nursing Home. Dr. Tarun Kumar Adhikary has categorically admitted that there was negligence and deficiency of service in the matter of treatment of the patient Arnab Roy Chowdhury, now deceased.
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The complainant further stated that on 19.02.15 at about 9:30 A.M, the complainant’s brother Asim Dey and others went to Naihati P.S. to lodge F.I.R against the doctor Tarun Kr. Adhikary and others who were related to the matter of negligence and deficiency of service. At that time Dr. Tarun Kr. Adhikary admitted his fault / mistake in the matter of treatment of the deceased Arnab Roy Chowdhury before the patient party and placed a proposal for giving monetary help for the immature death of Arnab Kr. Chowdhury on humanitarian ground.
The complainant also stated that considering the future of his minor son/ child named as Aritra Roy Chowdhury aged about 6 years, she agreed with the proposal of Dr. Tarun Kr. Adhikary. She disclosed that she and others restrained themselves from executing the decision of holding post-mortem examination over the body of the deceased Arnab Roy Chowdhury in presence of Nursing Home Authority in order to avoid legal complicacy.
The complainant further stated that the complainant has stated that the doctor Tarun Kr. Adhikary and the Nursing Home Authority voluntarily and willingly agreed to pay Rs. 25,00,000/- only to her in presence of the people assembled there. The police party was also standing around the Nursing Home at the relevant point of time. The complainant has agreed to accept Rs. 25,00,000/- only. In this connection, Dr. Tarun Kr. Adhikary and his wife Ruma Adhikary took all necessary steps for payment of Rs. 10,00,000/- only from their account to the account of the complainant and her deceased husband through R.T.G.S.
The complainant also stated that the O.P. Nos. 2 and 3 made a declaration voluntarily and with full knowledge that they would further pay Rs. 15,00,000/- only within to the complainant on humanitarian ground. The O.P. No.3, one of the owners of the Nursing Home wrote the declaration dated 19.02.15. The O.P Nos. 2 and 3 refused to pay the rest amount when they were contacted later on in spite of commitment and declaration made on 19.02.15 and thereby they cheated the complainant.
The complainant further stated that the complainant has also disclosed that she would not have agreed to accept the above Rs. 10,00,000/- only from the above the O.P. Nos. 2 and 3 had it been known to her that the said O.Ps would not keep their promise/ declaration dated 19.02.15.
The complainant also stated that when the fact of deficiency of service and negligence in the matter of treatment of the patient deceased Arnab Roy Chowdhury had been admitted by the above named O.Ps, the fact of negligence of treatment and deficiency of service need not be proved as per Indian Evidence Act.
The complainant further stated that the O.P Dr. Tarun Kr. Adhikary misbehaved with the complainant when she went to him to know about the further rest payment. It is also stated by the complainant that the O.P Dr. Tarun Kr. Adhikary threatened her saying that he would implicate her and the patient
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party in a dacoit case. The complainant has stated that the O.P. Dr. Tarun Kr. Adhikary further threatened her stating that he would employ goondas to murder her and the patient party, if necessary.
The complainant also stated that the Nursing Home Authority did not give any information to her or to any member of her family regarding the death of deceased Arnab Roy Chowdhury immediately after his death in spite of giving phone number to the Nursing Home Authority by the complainant. The complainant has stated that pathological test was not made in proper time and in proper way and that is also the reason for aggravation of the disease of the patient.
The complainant further stated that from the prescription it is revealed that the patient was restless at about 4:30 A.M on 19.02.15 and he was shifted to I.C.U of the Nursing Home at about 6:30 A. M. According to the complainant, the Nursing Home Authority did not take care of the patient properly as it appears from the prescription. The complainant has stated that the Nursing Home Authority would have informed the complainant / patient party about the condition of the health of the deceased patient when unusual behavior of the patient came to their notice. It is further stated by the complainant that the doctor of the Nursing Home would have called any specialist to combat the situation but that was not done. The complainant has further stated that hospital authority did not furnish any document in support of cause of death of the deceased. This also indicates that there was some sort of negligence on the part of the O.Ps’ in respect of the treatment of the deceased Arnab Roy Chowdhury. Hence the complaint.
The O.Ps have contested the case by way of filing written version.
The O.Ps stated that the proceeding before the Ld. Forum being summary in nature and the issues involved in this case being complicated particularly when the allegations involved are of medical negligence of very highly technical in nature, this Ld. Forum would not be pleased to exercise its jurisdiction in the matter.
The O.Ps further stated that it is admitted these O.Ps that Arnab Roy Chowdhury since deceased was taken to the O.P Nursing Home on 18.02.15 but the complainant with ulterior motive and intention has not mentioned the time of admission and it is submitted by the O.Ps that said Arnab Roy Chowdhury was taken to the O.P. No.1 Nursing Home at 8:00 P.M on that date and one Debashish Debnath accompanied the patient and it is falsely stated by the complainant that the said patient became ill suddenly on 18.02.15 because of the fact that the said patient was under the treatment of one Dr. Debdas Chakraborti who treated the patient since 28.09.14 and even on 18.02.15 the said patient was treated by said Dr. Debdas Chakraborti. It is submitted by the O.Ps that the said patient was suffering from ailments since long and the O.Ps boldly stated that the complainant is not in a position to satisfy the Ld. Forum that such pathological tests as advised by Dr. Debdas Chakraborti were done as per advice of Dr. Debdas
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Chakraborti and as such the O.Ps have no hesitation to submit before the Ld. Forum that for the purpose of wrongful gain, the instant petition of complaint has been filed by the complainant suppressing material fact.
The O.Ps also stated that O.P. No.2 being an experienced doctor having more or less 30 years experience treated the patient with due care and skill and it requires to be mentioned here that the O.P. No.2 passed M.B.B.S from Calcutta University in 1971 and since then the O.P. No.2 has been working in the field of medicine and afterwards the O.P. No.2 did post graduation and the O.P. No.1 Nursing Home was established in the year 1984 and since then the O.P. No.2 being the owner of the Nursing Home, the O.P. No.1 which is a thirty bedded well maintained Nursing Home and which is accredited by I.S.O. 9001-2008 and the O.P. No.1 Nursing Home is Class-II category hospital in the state as declared by the Department of Health, Govt. of West Bengal and the O.P. No.1 Nursing Home is working as a service provider for W.B.H.S 2008 Schedule and for RSBY Scheme, has been working as one of the Doctors and this Nursing Home acts as service provider of different Insurance Companies for medi-claim facilities and it is further submitted by the O.Ps that R.M.O tried his best to render treatment towards the patient and in fact neither the complainant nor her associates had any grievance against the service provided by the O.Ps towards the patient.
The O.Ps further stated that at that material point of time, the complainant and her associates were present at the Nursing Home and they were informed that the patient had acute myocardial infraction and he died for that reason and at 7:00 P.M the complainant was informed that the patient suffered a cardiac arrest and all those matters were well within the knowledge of the complainant and her associates and as such entire statements as made in this paragraph are afterthought and the same has been made for the purpose of filing this false and test case and allegation as labeled against the O.Ps by the complainant are unwarranted and unwanted and so the complainant is bound to prove each and every statements by cogent evidence.
The O.Ps also stated that the fact of incident and the attack was given to the local police station at about 10:15 P.M to 10:30 A.M (three times) and thereafter the complainant and her associates and the persons present applied force upon the O.P. Nos. 2 and 3 to make payment of Rs. 15,00,000/- although neither the O.P. Nos. 2 and 3 nor the Nursing Home or its staffs were at fault and when the O.Ps requested the complainant and her associates and the persons present at the time of occurrences not to make such illegal demand and not to use unspeakable abusive languages.
The O.Ps further stated that the complainant and other associated persons further forced the O.P. Nos. 2 and 3 to pay an amount of Rs. 10,00,000/- at once and degree of such threat was such that with a view to saving the life of the O.P. Nos. 2 and 3, both the O.P. Nos. 2 and 3 had to transfer a sum of Rs. 10,00,000/- to account No. 32274818925 of SBI BIjay Nagar Branch by encashing premature
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withdrawal of cumulative term deposit and thereby the complainant extorted the said amount of Rs. 10,00,000/- under threat. Hence the O.Ps prayed for dismissal of the case.
Point for Decision:-
Whether the complainant is entitled to get any relief as prayed for?
Decision with Reasons
The complainant filed the documents and written arguments. The O.Ps filed affidavit-in-chief. The complainant has filed the evidences of some witnesses. We have perused all the documents and other materials on record.
Admittedly, the complainant admitted in the Green View Clinic Nursing Home on 18.02.15 and paid an advance of Rs. 1,000/-. Admittedly, on 19.02.15 the complainant’s husband died. The complainant alleged that before the death of the complainant’s husband O.Ps informed the complainant that the complainant’s husband is in good health. But subsequently Dr. Tarun Kr. Adhikari informed the complainant’s family members that suddenly there was sugar fall and cardiac attack and the patient died for that. The complainant stated that Dr. Tarun Kumar Adhikary and Nursing Home Authority voluntarily and willingly agreed to pay Rs. 25,00,000/- in presence of the people assembled there. The police party was also standing around the Nursing Home at the relevant point of time. The complainant stated that considering the future of his minor son. It is admitted that Dr. Tarun Kr. Adhikary and his wife Ruma Adhikary took all necessary steps for payment of Rs. 10,00,000/- from their account to the account of the complainant through R.T.G.S process which is mentioned in annexure ‘3’ of the complainant’s document. It is alleged that O.P. Nos. 2 and 3 made declaration made declaration voluntarily and with full knowledge that they would further pay Rs. 15,00,000/- within three months from the date of declaration dated 19.02.15. But they refused to pay the rest amount when they were contacted later on in spite of commitment and declaration made on 19.02.15 and thereby they cheated the complainant.
It may be mentioned that the declaration of Dr. Tarun Kr. Adhikary on 19.02.15 which has been filed by the complainant shows that they voluntarily agreed to pay Rs. 15,00,000/- in the letter pad of Green View Clinic and Nursing Home which pre-suppose that there was medical negligence on the part of the Green View Clinic and O.Ps otherwise they would not declare in writing that they will pay Rs. 15,00,000/- to the complainant due to death of her husband in the said Nursing Home.
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Various allegations have been made in the petition and written version of the O.Ps but we do not want to go into the details of the said allegations and counter allegations. When the O.Ps declared that they will pay Rs. 15,00,000/- to the complainant they should pay that amount to the complainant due to loss of her husband in the Green View Clinic and Nursing Home. Admittedly, Rs. 10,00,000/- has already been paid and Rs. 5,00,000/- is due from the O.Ps to the complainant and O.Ps are liable to pay that amount to the complainant according to the declaration given by the O.Ps.
In view of the discussion, we are of the view that O.Ps should pay Rs. 5,00,000/- and compensation to the complainant for loss of her husband as per declaration dated 19.02.15.
Hence
Ordered,
that the complaint be and the same is allowed on contest against the O.Ps in part.
The O.Ps are jointly and severally directed to pay Rs. 5,00,000/- to the complainant within one month from the date of this order, failing which an interest of 12% p.a. will run from the date of non-payment till recovery of the same.
The O.Ps are also jointly and severally directed to pay Rs. 25,000/- as compensation and Rs. 10,000/- as litigation cost to the complainant within one month from the date of this order, failing which O.Ps shall have to pay sum of Rs. 100/- per day from the date of this order till it realization, as punitive damages, which shall be deposited by the O.Ps in this State Consumer Welfare Fund.
Let copies of the order be supplied to the parties free of cost when applied for.
Member Member President
Dictated & Corrected by me.
