Meghalaya

StateCommission

CC/3/2013

Shri Ajit Das Gupta - Complainant(s)

Versus

M.D. Bawri Nethralaya - Opp.Party(s)

Mr. A.Baruah

25 Apr 2014

ORDER

 
Complaint Case No. CC/3/2013
 
1. Shri Ajit Das Gupta
Shillong
 
BEFORE: 
 HON'BLE MR. JUSTICE P K Musahary PRESIDENT
 
For the Complainant:Mr. A.Baruah, Advocate
For the Opp. Party: Ms.S.Gurung, Advocate
ORDER

Heard Mr. A. Baruah, learned counsel for the Complainant. Also heard Mr. S. Marpan, learned counsel for the Opposite Parties.

The Opposite Party No.2, Dr.S.P.Saikia, has filed show cause reply today.

I have carefully gone through the averments made in the Complaint Petiton. The Complainant has made claim of Rs.35,00,000/- (Rupees Thirty Five Lakhs) as compensation for complete loss of vision on his operated right eye due to alleged negligence of the Opposite Party No.2. The said claim has been made without giving the details of the Complainant’s income before his right eye was operated. No calculation has been given by the Complainant. In my considered view, the aforesaid claim of Rs.35,00,000/- (Rupees Thirty Five Lakhs) is inflated in asmuchas no calculation has been given. The loss sustained by the Complainant is to be shown and proved by adducing cogent materials and evidence. In any case the loss sustained by the Complainant in this case cannot be to the tune of Rs.35,00,000/- (Rupees Thirty Five Lakhs).

Mr.A.Baruah, learned counsel for the Complainant fairly thought over the matter and sought permission to withdraw this Complaint Petition with the liberty to file complaint before an appropriate District Forum. In view of the above, this Complaint Petition stands dismissed on withdrawal providing liberty to file complaint before appropriate District Forum, if so advised.

 
 
[HON'BLE MR. JUSTICE P K Musahary]
PRESIDENT

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