This appeal is directed against the final order dated 08.11.2019 passed by Ld. D.C.D.R.F., Siliguri in Reference to CC No. 79(s) 2018. The fact of the case in nutshell is that the appellant/complainant being a daily labourer received serious left eye injury by Sand Flakes on 07.08.2017 and took admission in North Bengal Medical College and Hospital on 08.08.2017 after depositing required fees to the concerned department. The respondent/O.P Hospital started treatment by vision machine and eye laser was diagnosed. After, four days of such treatment the pain in the eye did not reduce. Due to serious pain the Senior Doctor attended him and changed the digonised from eye laser to anti-viral. He was released as indoor patient from the hospital on 17.08.2017 and was asked to come again for medical check up after seven days. He attended again to the department of O.P/respondent hospital as an out door patient for treatment and after treatment of nine days there was no betterment. He again came to the hospital for further treatment of his eye ailment. He was again admitted there and after a treatment he was discharged on 24.09.2017. But, in spite of such treatment the condition of eye was deteriorated and he was compelled to visit at Machi Eye Care Center at Nepal. Where it was diagnosed that due to bad treatment on the part of the doctors of respondent/O.P. Hospital his left eye has got total damaged and eye vision could not be recovered.

Thereafter, he came to Siliguri Greater Lions Eye Hospital for further treatment where he was again told by the doctors that his left eye has totally and  permanently damaged. So, he approached the Ld. D.C.D.R.F, Siliguri claiming compensation of Rs. 15 Lakh and cost of treatment of Rs. 2 Lakh 50 Thousand. The Consumer Complaint was duly registered and the notice of the same was sent to the North Bengal Medical College and Hospital. In spite of receiving the notice the O.P. No.  did not contest the case. So, the matter was placed for Ex-parte hearing. The respondent/O.P. only submitted a three-men Expert Committee Report dated 28.11.2017 which was communicated to the Ld. Forum on 20.11.2018. Ld. Forum after hearing the complainant and consulting the necessary documents produced, has came to opine that the complainant case has got no merit and for that reason it was dismissed. But the O.P. North Bengal Medical College and Hospital was asked to deposit Rs. 7,500/- to the Consumer Welfare Funds as they did not appear before the Forum. Being aggrieved with that  order this appeal follows on the part of the complainant/appellant on the grounds that the findings of Ld. Forum was misconceived erroneous and contrary to law. The appeal was registered in due course and it was admitted on its own merit and notice also was sent to the respondent/North Bengal Medical College and Hospital the North Bengal Medical College and Hospital. North Bengal Medical College and Hospital has recorded the presence through one authorized employee Shyamal Barman attached to North Bengal Medical College and Hospital and submitted the three-men Expert Committee Report before this Commission. But they did not contest the appeal. Many opportunities were provided to the respondent to contest the appeal but none on behalf of the respondent came to this Bench to contest the appeal. So, the appeal was heard Ex-parte. The Ld. Advocate of the appellant has conducted the hearing on behalf of the appellant.

Decision with Reasons

After going through all the relevant documents produced before this Commission. It is found that M. Ali after sustaining huge injury on his left eye got admitted at respondent Hospital on 08.08.2017 paying the registration fees and he was medically treated as indoor patient from 08.08.2017 to 17.08.2017. Thereafter, his treatment continued as out door patient and again he was admitted there under the care of another doctor thereon and got discharge on 24.09.2017 but no improvement in spite of continuous treatment at hospital and for that reason the patient had to visit at Nepal in a private eye care unit and thereafter it was detected that his left eye has permanently damaged. It is established beyond any doubt that in a Government hospital the Government takes the burden for treatment cost of a patient and the patient party has no burden to pay the cost of treatment. The service renders by the Government Hospital is completely complimentary in nature and Government Agency like medical centers are being run not for any commercial activities. It is the welfare measure on the part of the Government to give the free medical treatment to the patients at any Government Medical Centre. So, in apparent way we can say such patient should not be treated as Consumer while, receiving medical aid as a patient. But On the other hand, while the Government receives the registration fee from a patient whatever may be the amount little one the patient should be treated as Consumer as the medical aid provides to him in lieu of fees should be treated as service. After, going through the judgement of Ld. Forum carefully we find that the Ld. Forum has put much reliance completely over the report of Expert Committee and came to a conclusion that there was no negligence on the part of treating doctors. Curiously enough the report of Expert Committee has not been duly proved in accordance with law. Rather, the Ld. Forum had the opportunity to call an Expert medical opinion from any third party to mitigate the dispute in a neutral and proper manner and mere giving into weight with an unproved document is not enough to hold that there was no medical negligence on the part of the respondent O.P. So, the order of Ld. Forum appears to be misconceived erroneous and unwanted and liable to be interfered. Thus, the order of Ld. Forum should be set aside so that Ld. Forum may give a further opportunity to the O.P/respondent to contest the case by filing W.V. and to send all the documents for medical opinion from a third party and to dispose of the instant Consumer Dispute in a proper manner as soon as practicable. Thus, the appeal has got some merits and the order of Ld. Forum should be set aside.

Hence, it is ordered

That the instant appeal be and the same is hereby allowed Ex-parte on merit without imposing any cost.

The Final order of Ld. D.C.D.R.F., Siliguri dated 08.11.2019 in connection with CC No. 79(s) 2018 is hereby set aside. Ld. D.C.D.R.F., Siliguri is requested to give a fresh opportunity to the O.P/respondent to contest the case by filing W.V. within 30 days and to send all medical documents including Expert Committee Report of North Bengal Medical College and Hospital, to other medical institution within the State of West Bengal to obtain the expert medical opinion and to dispose of the instant Consumer Complaint as per procedures of C.P. Act, 1986.

Let a copy of this order to be handed over to the appellant free of cost and the copy of respondent be communicated to the concerned authority through post. Let the order be communicated to the Ld. D.C.D.R.F., Siliguri for doing the needful.