MR. TARAPADA GANGOPADHYAY, HON’BLE MEMBER

            This Revision u/s 17(1)(b) of the Consumer Protection Act, 1986 has been moved by the OP Nos. 1 & 2 assailing the Order No. 19 dated 31.7.2015 passed by the Ld. District Consumer Disputes Redressal Forum, Cooch Behar, rejecting the petition filed by the OPs praying for direction upon the Complainant to furnish to the OP Nos. 1 & 2 the Medical Reports related to various tests, treatment and also the Discharge Certificate, showing the ground that those records are in the custody of the OP Nos. 1 & 2, they being the custodian of the said documents.

          The key facts of the case are, in short, that the Complaint concerned was served upon the OP Nos. 1 & 2 without the medical documents annexed to the Complaint marked as Annexures – C and E.  The OP Nos. 1 & 2, having not been furnished with the said treatment documents, filed the petition in question before the Ld. District Forum praying for direction upon the Complainant to furnish the same.  In this backdrop, the Ld. District Forum passed the impugned order rejecting the petition.  Aggrieved by such order the OPs have preferred the instant Revision.

          The Ld. Advocate for the Revisionists submits that the documents pertaining to the medical treatment and medical tests, as referred to in the Complaint as Annexures – C & E, were not furnished by the complainant despite referring the same in the Complaint and thus contrary to the provision of Regulation 7(2) of the Consumer Protection Regulations, 2005, thereby causing prejudice to the Revisionists to plead their case.  The Ld. Advocate continues that the Complainant is duty-bound to supply to the Revisionists the documents, the Complainant has relied upon annexing the said documents to the Complaint, to ensure proper dispensation  of justice, and that in case of failure on the part of the Complainant in this respect, the Ld. District Forum, in the interest of justice, should have directed upon the Complainant to furnish the copies of the documents annexed as Annexures – C and E to the Petition of Complaint.

          The Ld. Advocate finally submits that in view of the aforesaid submission the impugned order should be set aside and a direction be issued upon the Complainant to furnish to the OP Nos. 1 & 2 the copies of the documents marked as Annexures – C and E in the Petition of Complaint.

          None has appeared on behalf of the Respondent/Complainant despite due service of Notices as evident from the Order No. 2 dt. 22.12.2015 of this Commission.

          Heard the Ld. Advocate for the Revisionists appearing and perused the materials on records.

          Materials on records reveal that the documents annexed to the Petition of Complaint as Annexures – C and E were not supplied to the Revisionists contrary to the Regulation 7(2) of the Consumer Protection Regulations, 2005 although it is the bounden duty of the Complainant to furnish the copies of the documents relied upon by the Complainant and annexed to the Complaint to enable the Revisionists to present their case for proper dispensation of justice, which the Complainant did not discharge.  Against such failure on the part of the Complainant the Ld. District Forum should have issued direction upon the Complainant to discharge his duty by providing the copies of the said  documents to the Revisionists, which the Complainant has relied upon and annexed to the Petition of Complaint as Annexures – C and E.

          The aforesaid circumstances lead us not to agree with the conclusion of the Ld. District Forum in the impugned order and hence, the Revision Petition is allowed setting aside the impugned order and the Ld. District Forum is directed to pass an order directing the Complainant to furnish to the Revisionists the copies of the documents annexed to the Petition of Complaint as Annexures – C and E.

          All the parties are directed to appear before the Ld. District Forum on 19.09.2016.