Today the petition dated 23.02.2022 is taken up for disposal.

The petition filed by the Opposite Party states that the instant case filed by the complainant needs to be dismissed in limine, on the ground that the complainant is not a consumer and she had no locus Standi to file this case, because she was not the first wife of the deceased Govind Prasad. For this reason, the complaint prayer could not be redressed by the instant forum.

The deceased Govind Prasad had been admitted at Anandaloke Hospital and Neuro Sciences Centre on 20.09.2019 at 4.02 p.m. by his wife Dola Rani De Prasad and son Ajoy Prasad. The deceased Govind Prasad had expired on 03.10.2019 at 2.40 a.m. at the above Hospital. Dola Rani De Prasad along with Ajoy Prasad, being the wife and son of the deceased Govind Prasad, had signed in the various consent forms and other related documentations. The required Form-4 and Form-8 had also been duly handed over to the family member of the deceased and the dead body of the deceased had been handed over to the authorities of the Bhaktinagar Police station.

As both the Form-4 and Form-8 had already been handed over, the complainant was not entitled to get the same and as such the instant consumer complaint was not maintainable.

The Ld. Lawyer for the Complainant has opposed the maintainability petition by pointing the entry in the Pension Payment Order, wherein the name of the complainant has been shown as the wife of the deceased.

We have heard the Ld. Lawyers of both the sides and perused the materials and documents on record. Therefore, from the documents on record, it transpires that the deceased Govind Prasad had been admitted in the O.P. Hospital, by Dola Rani De Prasad and Ajoy Prasad. There is no document to show that the complainant had been involved in the admission or discharge of the deceased Govind Prasad, from the O.P. Hospital. Hence, it can be presumed that the complainant had no material role to play, during the admission or discharge of the deceased Govind Prasad, from the O.P. Hospital.

Under the circumstance it can be stated that the O.P. Hospital was under no obligation to entertain the request made by the complainant to deliver the Form-4 and Form-8 to the complainant. Moreover, the above mentioned forms had already been handed over to the wife and son of the deceased. Thus, it can be safely concluded that the complainant had no locus standi, to pray for such request and consequently to file the instant case.

As a result the instant petition is decided in favour of the O.P. Hospital.

Hence, it is,

ORDERED

That the instant case be and the same is dismissed on contest, on the point of maintainability.

In view of the above, any pending petitions lying in the record also stands dismissed.

Let a free copy be given to the parties free of cost.