DIST. CONSUMER DISPUTES REDRESSAL FORUM

NORTH 24 Pgs., BARASAT.

C. C.  CASE NO.635/2015

                                                         M.A. No- 382/2017

 Date of Filing:                                                                                 Date of Disposal:

     29.12.2017                                                                                        04.01.2018

 Complainant:   Smt. Basanti Chatterjee, W/o  Dinobandhu Chatterjee,

                             Murari Mitra Bye Lane, Ichhyapur, District-North 24 Parganas.

                                                                   Vs.

Opposite Parties:  1) Panacea Nurshing Home, Represented by its Manager,

                                       32, Barasat Road, Near 15 no Rail Gate,

                                        District- North 24 Parganas, Kolkata-700 122.

                                   2) Dr. Shantanu Banerjee, 154, Salt Lake Sector, Block-C/D,

                                        Bidhannagar, Kolkata-64. Practicing at-

                                        Panacea Nurshing Home, 32, Barasat Road,

                                        Near 15 no Rail Gate, District- North 24 Parganas,

                                        Kolkata-700 122.

                                   3) Prof. S. S. Kundu, Practicing At R.G. Kar Medical College

                                       & Hospital, 1, Khudiram Bose Sarani,

                                        District-North 24 Parganas, Kolkata-700 004.

P R E S E N T   :-   Sri. Bankim Chandra Chattopadhyay…………President.

                         :-   Sri  Siddhartha Ganguli  ….………………………Member.

                         :-  Smt. Silpi Majumder………………………………Member.

ORDER: 23

This order is arising out of the Miscellaneous Application being no-382/2017 filed by the Complainant in the Consumer Complaint no-635/2015 praying for an expert an expert opinion from an Expert Doctor for proper adjudication of this complaint.

In the application it is stated by the Complainant that this complaint is filed by her alleging medical negligence against the OPs as the OPs have failed to provide proper medical treatment and care to the patient. Therefore without the expert opinion from an Expert Doctor in the field of Orthopedic Surgery from the reputed Hospital, the instant dispute cannot be properly adjudicated upon. The Complainant has sought for expert opinion from the SSKM Hospital. According to the Complainant until and unless this application is allowed proper truth will not come out and prayer is made by the Complainant for allowing this application.

Upon receipt of the copy of the application the Ld. Counsel for the OPs has raised vehement objection stating that at this belated stage when the evidence of both parties have already been completed and the complaint is ready for argument, the prayer for an expert opinion as sought for by the Complainant should not be entertained and if this application is allowed the OPs will be seriously prejudiced. According to the OPs this application being devoid of any merit and baseless, is liable to be rejected.

We have carefully perused the content of the application and heard objection thereto advanced by the OPs. It is seen by us that admittedly the Complainant has filed this application praying for an expert opinion at the belated stage of hearing and it was the duty of the Complainant to seek such opinion at the initial stage of hearing. Inspite of this as per settled legal proposition where an allegation has been made by the Complainant against the OPs regarding medical negligence in providing treatment to the patient, hence without an expert opinion from the Expert Doctor in the same field i.e. Orthopedic Surgery the dispute cannot be properly adjudicated upon by this Ld. Forum. Therefore in our considered view the prayer of the Complainant should be allowed.

Hence it is ordered that the MA being no-382/2017 is hereby allowed on contest without any cost. 

Let plain copy of this order be given to the parties free of cost as per the provision of the CPR, 2005.              

Member                                             Member                                            President

Dictated & Corrected by me