Today is fixed for admission hearing of this complaint. The Ld. Counsel for the Complainant is present who has advanced the argument on the point of admissibility of this complaint.

On careful perusal of the complaint it is seen by us that in the prayer portion the Complainant has sought for reliefs from the OPs i.e.

Directing to refund Rs.1,00,000/- as no treatment for cancer was given to the patient.

In this respect after going through the Discharge Summary issued by the Department of Surgical Oncology, HCG EKO Cancer Centre, it is seen by us that under the heading of ‘Course in Hospital’ patient is now being discharged with full precaution and advised to contact us in case of any oncology emergency. It is elective Oncologycal Surgent.

From the abovementioned observation made by the Cancer Centre it is clear that the concerned Cancer Centre had provided Cancer treatment to the concerned patient.

Therefore the complainant has filed to substantiate his relief by producing cogent document. No medical negligence has been alleged and substantiated by the complainant by adducing cogent document.

For the abovementioned reason as the complainant has failed to assign any deficiency in service and unfair trade practice against the Ops, the complaint cannot stand.

Going by the foregoing discussion hence it is ordered that CC /222/2021 is hereby dismissed without being admitted. There is no order as to cost.

However the complainant is at liberty to approach before the appropriate Court, if not barred otherwise.

The complainant is also at liberty to get return the copy of the complaint and the documents from the appropriate authority of this Commission as the complaint is not admitted. In this respect the complainant is further directed to submit a separate application praying for return of the abovementioned documents. The appropriate authority of this Commission is hereby directed to take necessary step upon receipt of the application from the complainant so that the complainant can get return of the aforementioned without any further delay.

Let a plain copy be given to the Complainant free of cost as per the CPR.   

  Dicated and corrected by

[HON'BLE MRS. Silpi Majumder]
               MEMBER