West Bengal

Birbhum

MA/144/2018

Jayanta Kumar das - Complainant(s)

Versus

Proprietor, Modern Diagnostic Center and Nursing Home - Opp.Party(s)

12 Dec 2018

ORDER

The parties file hazira. The petition dated 05/10/2018 filed by the OP No.1 and 2 for directing the Complainant to submit copies of all medical documents relating to his treatment   by the different persons and institutions is taken up for passing order treating the same as M.A Case No.144/2018

The complainant has contested the application without filing any formal objection.

            We find that it is the case of the OP No. 1 and 2 that as per complaint, the complainant has been treated by Sainthia BPH, Dr. Swapan Kumar Mondal, Dr. Sanjay Pal and Dr. K. Das and his Medical testes have been done in Banerjee dialogistic foundation. But he has not filed all relevant papers regarding his treatment and the Op No.1 and 2 are in dark about actual treatment of the Complainant and they are unable to submit W.V due to want of such documents and complainant is to be directed to submit all such documents of the complainant

 

On the other hand Ld. Advocate/Agent of the complainant has submitted that the Complainant has already submitted all such relevant documents in his custody and at this stage he has no other document and as such he is unable to submit any other document.

            We think alike civil cases in consumer cases also the onus is up to the complainant to prove his case and if he fails to produce his important documents in support of his case, the case will be automatically fails. But this forum cannot compel the complainant to produce any such documents and the petition is liable to be rejected.

            Hence

                        Ordered,

                                    that the petition dated 05/10/2018 filed by the OP No.1 and 2 for directing the Complainant to submit copies of all medical documents relating to his treatment   by the different persons and institutions i.e. MA Case No. 144/2018  be and same rejected. Without any cost.

            Thus M.A is disposed of.  

            Fix. 30/01/2019 for filing WV by Op No. 1,2 and 5 to 8.     

                        Copy of this order be supplied to the parties each at free of cost.