Ld. Advocate(s)
For Complainant: Makbul Rahaman
For OP/OPs : Arun Halder (CAB)
Date of filing of the case :04.11.2020
Date of Disposal of the case :05.07.2023
(2)
Final Order / Judgment dtd.05.07.2023
Complainant above named filed this case u/s 35 of the Consumer Protection Act, 2019 against the opposite parties praying for discharge certificate, compensation amounting to Rs.50,000/- for mental pain and agony, cost of the case and other reliefs.
He alleged that on 03.02.2020, he consulted with Dr. Tapas Mallick (OP No.2) and paid consultation fee. As per his advised complainant was admitted to Health Care Nursing Home (OP NO.1) for cyst operation. On 09.02.2020, he was admitted there and operation was done and OP NO.2 released him on the same date. He paid bill of doctor. He also paid fees to OP NO.1 but OP No.1 did not give any discharge certificate. OP NO.1 advised him to come on another day. Thereafter, complainant visited the nursing home of OP NO.1 on several dates but they did not give discharge certificate to him. Hence this complaint.
OP NO.1 & 2 contests this case by filing a W/V and denied the entire allegations. They further contended that it is not possible for them to remember whether OP No.2 did operate the complainant or not or he was admitted before the OP NO.1 or not. There is no note in the prescription about the admission of the said patient for operation. Complainant was advised either as an OPD patient. Opposite parties did not give any suggestion for cyst operation of the complainant under OP NO.2. There is no negligence on the part of OP NO.1 & 2. OP NO.2 filed affidavit in support of said W/V.
Trial
During trial complainant filed affidavit in chief on 21.09.2022. Thereafter 07.11.2022 was fixed for filing questionnaire by the OP NO.1 & 2. On 07.11.2022, 21.12.2022 OP No.1 & 2 took adjournment. Thereafter, next date was fixed on 07.02.2023 for filing questionnaire by the OP NO.1 & 2. On 07.02.2023 OP NO. 1 & 2 were absent without any steps. As a result they lost their chance to file questionnaire. Thereafter, next date was fixed for argument and BNA. On the date of argument OP No.1 & 2 were present. They filed BNA. At the time of hearing argument both parties were present and both parties made their submission.
Documents
Complainant produced the following documents viz :
- Prescription of OP NO.2 dated 03.02.2020..........(One sheet)........(Original)
- Bio-chemistry report dated 09.02.2020........(One sheet)........(Original)
- USG report of Inguinal Scrotal SAC........(One sheet)........(Original)
(3)
- USG film dated 06.02.2020.......(One sheet).........(Original)
Brief Notes of Argument
Complainant filed BNA on 15.05.2023. OP No.1&2 filed BNA on 15.05.2023.
Decision with Reasons
We have carefully gone through the petition of complaint, affidavit in chief of the complainant and documents filed by the complainant, BNA filed by the complainant and BNA filed by the OP NO.1 &2. These are considered.
On perusal of prescription dated 03.02.2020 we find that on that date doctor advised USG of Inguinal Scrotal SAC.
On perusal of back side of the said prescription, we find that doctor took cash of Rs.4,000/- and advised the complainant to go before OP NO.1 and further advised for fasting blood sugar, we find that doctor advised the same on 09.02.2020.
Complainant on oath stated before this Commission that he went before the OP NO.1 on 09.02.2020 along with aforesaid two reports and on that day OP No.2 made operation on his body. OP NO.2 released him on the same date. After the operation, he did not hand over any documents. Even he did not give discharge certificate. During hearing complainant argued that after the operation OP NO.2 did not advise any medicine. On that time OP No.1 & 2 told that they would give discharge certificate on another date. He further argued that, thereafter, complainant visited before, OP NO.1 & 2 on several occasions but they did not give any discharge certificate or any document in favour of the complainant.
OP No.1 & 2 did not give any satisfactory explanation in their W/V. They cleverly avoided the allegation of the complainant.
On perusal of said prescription, we find that OP NO.2 examined the complainant on another date that is 09.06.2020/
From the aforesaid document, it is clear before us that OP NO.2 advised some investigations and on 03.02.2020 and when complainant went before him along with report of USG then OP No.2 noted the report of USG over the prescription and over the entry dated 03.02.2020. We also find that on that time he took Rs.4,000/- and further advised complainant for report of fasting blood sugar. He also advised for injection T Taxied.
On that time OP NO.2 advised the complainant to come before health care nursing home i.e OP No.1
(4)
So, OP No.2 cannot say that complainant did not go before him.
So, it is clear before us that complainant went before the OP NO.1 & 2 on 09.02.2020 and placing reliance upon the affidavit in chief of complainant it can be said that operation of complainant was done on 09.02.2020 by the OP NO.2.
Having regard to the aforesaid discussion, it is clear before us that OP NO.1 & 2 did not issue any discharge certificate in favour of the complainant and also did not issue any other paper. They also did not issue any other document. Even they did not make any advice for examination of the cyst which was operated from the body of the complainant.
From the allegation of complainant it is clear that he is a consumer and OP No.1 and 2 are service provider.
The aforesaid conduct of OP NO.1 & 2 are nothing but deficiency in service.
Having regard to the aforesaid discussion, it is clear before us that complainant has able to established his grievance before this Commission and he is entitled to relief as per his prayer.
In the result present case succeeds.
Hence,
It is
Ordered
that the present case be and same is allowed on contest against the OP NO.1 & 2 with cost of Rs.3,000/- (Rupees Three thousand) to be paid by OP NO.1 &2 in favour of the complainant.
OP No.1 &2 jointly or severally are directed to issue discharge certificate and necessary papers in favour of the complainant relating to his operation on 09.02.2020 or pay compensation amounting to Rs.20,000/- (Rupees Twenty thousand) in favour of the complainant.
OP No.1 & 2 are further directed to give Rs.10,000/- (Rupees Ten thousand) as compensation in favour of the complainant for his mental pain and agony within one month from this date.
(5)
OP No.1 & 2 are directed to comply the aforesaid order /direction positively within one month from this date failing which complainant shall have liberty to put this order into execution.
Let a copy of this order be supplied to both the parties as free of costs.
Dictated & corrected by me
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PRESIDENT
(Shri DAMAN PROSAD BISWAS,) ..................... ..........................................
PRESIDENT
(Shri DAMAN PROSAD BISWAS,)
We concur,
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MEMBER MEMBER
(NIROD BARAN ROY CHOWDHURY) (MALLIKA SAMADDAR)
