JUDGEMENT

The instant case was instituted on the basis of a petition of complaint filed by one Atul Chandra Karmakar, of Vill. Haripur, P.O. Ekbarna, P.S. Ratua, Dist. Malda u/s. 12 of the Consumer Protection Act, 1986 which was registered as Complaint Case No. 34/2018.

The fact of the case as revealed from the petition of complaint as well as from the evidence is that Sri  Sandhyarani Karmakar now deceased was the wife of the complainant and the wife of the complainant was admitted to Seshraj Medicare with a complaint of chest pain and associated uneasiness. The Proprietor / Partner of Seshraj Medicare spoke highly about the service and facility of the nursing home especially regarding the cardinal treatment. On 30/03/2018 after admission to the Seshraj Medicare told the complainant to remove the patient i.e. his wife on the nursing home. Thereafter, the complainant shifted his wife Sandhyarani Karmakar to Desun Hospital on 10/05/2018 and the said Sandhyarani Karmakar died on 12/05/2018.

It has been further stated that after investigation it was revealed by the Desun Hospital that the said Sandhyarani Karmakar died due to the negligence of doctors and other person of Seshraj Medicare Nursing Home. As per report Sandhyarani Karmakar was suffering from impairment of valve of heart. It has been further stated that Seshraj Medicare  neither provided necessary assistant to Sandhyarani Karmakar nor supplied diet chart and other guidelines. The cause of action of the present case arose on 30/03/2018 as the Seshraj had not taken any step for replacement of valve and other precautionary steps by way of treatment. The said patient Sandhyarani Karmakar breathed her last due to the deficiency and negligence of the opposite parties. The complainant has claimed Rs. 2,00,000/- (Rupees Two Lakhs Only) as compensation for medical negligence caused by the O.Ps and other compensation.

The petition has been contested by respondent No. 1 and 2 i.e. Seshraj Medicare by filing a written version denying all the material allegations as levelled against the O.P. Nos. 1 and 2 contending inter alia that the instant case is not maintainable according to Law there is no cause of action to file this case against the O.P. Nos. 1 and 2.

The further defense case is that the patient was never admitted to Seshraj Medicare. From the documents supplied by the complainant it appears that though the patient was referred on 31/03/2018 the patient first visited ESI Hospital Maniktala on 17/04/2018 after gap of seven days. There is no explanation why the patient visited ESI Hospital Maniktala after gap of seven days. Thereafter, the patient went to Desun Hospital after gap of some days. Thereafter, the patient went to Desun Hospital, after gap of some days. From the prescription of Desun dt. 24/04/2018 it appears that patient can be taken valve replacement which suggests that up to 24/04/2018 there was no complication.

The further defense case is that whatever the complication of the patient had developed it was caused after 24/04/2018. So there was no negligence on the part of doctor of Seshraj Medicare.

So considering such facts and circumstances the instant case is liable to be dismissed against the O.P. Nos. 1 and 2.

The O.P. Nos. 3,4 and 5 contested the case by filing a written version denying all the material allegations as levelled against the O.P. Nos 3,4 and 5 contending interalia that the instant case is not maintainable and the complainant is not a consumer at all.

The definite defense case is that the patient Sandhyarani Karmakar aged about 61 years was brought to O.P. No.3 hospital on 10/05/2018 at about 09-40 A.M. in the emergency department with a complaint of severe breathlessness, palpitation and facial and pedal edema. On 11/05/2018 mitral valve replacement under cardio pulmonary bypass under general anesthesia was done after obtaining the high risk consent. Post operation the patient was shifted from OT to Cardio Thoracic Vascular Surgery (CTVS-ITU), unfortunately, on 12/05/2018 the patient developed cardiac arrest and ultimately died on 12/05/2018.

The further defense case is that in course of treatment of the patient on different time’s investigation like radiological and image investigation like X-ray including several pathological tests were advised by the attending physician of O.P. No.3 Hospital but complainant has suppressed those X-ray plates and reports purposely with all ill motives.

The doctors of O.P. No.3 hospital tried his best to render his care and skill treatment in respect of the patient. There was no fault on the part of O.P. Nos. 3 and 4. So considering such facts and circumstances the instant case is liable to be dismissed.

In order to prove the case the complainant Atul Chandra Karmakar was examined as P.W.-1 and cross-examined and files documents as per Firisti which has been marked Ext.-1 series i.e. Ext. 1 to 15 has filed Affidavit-in-Chief. He did not adduce any evidence. 

On the other hand no witness was examined on behalf of the O.P.

Now the point for determination:-    Whether the complainant is entitled to get any relief as prayed for?

                             ::DECISION WITH REASONS::

In order to prove the case the complainant will have to prove that there was any negligence as regard to the treatment by the O.Ps. While, statement of the complainant to show that there was the negligence on the part of the doctor of the O.Ps is not sufficient.

The complainant will have to prove medically such fact of negligence but nothing was done on behalf of the complainant mere by adducing evidence and filing the medical documents as regards to the treatment is not sufficient to prove the negligence.

The Ld.Lawyer of the O.P. Nos. 1 and 2 argued that the patient was not admitted to Seshraj Medicare at Malda as an indoor patient. Though in cross-examination P.W.-1 has admitted that my wife was treated as an indoor patient for one night at Seshraj Medicare at Malda. But no document as regard to admission at Seshraj Medicare has been filed by the complainant. Moreover, the complainant did not filed any BHT of Seshraj Medicare or Discharge Certificate issued by the Seshraj Medicare, Malda. By the cross-examination of P.W.-1 it is found that Seshraj Medicare Association suggested him to remove his wife for better treatment and no medicine was administered to his wife. So on considering the facts and circumstances we find that there was no negligence on the part of the O.P. Nos. 1 and 2.

From the cross-examination of P.W.-1 it is found that his wife was not admitted to ESI Hospital, Maniktala. His wife was medically examined at ESI Hospital, Maniktala. The allegation of the complainant is that due to the negligence of doctors of O.P. Nos.4 to 5 of Desun Hospital his wife died. But this Forum now Commission will come to a conclusion to that due to the negligence of the doctors of Desun Hospital the wife of the complainant died, unless and until any doctor of Desun Hospital or any doctor from outside is examined to prove the fact that there was a negligence as regards to the treatment of the wife of the complainant. So it is very difficult to come to a conclusion that due to the negligent treatment of O.P. Nos. 3 4 and 5 the wife of the complainant died.

So considering such facts and circumstances the complainant has failed to prove this case.

C.F. paid is correct.

Hence, ordered that

 the case be and the same is dismissed  on contest without any cost.                  

Let a copy of this judgment be given to the Complainant/O.Ps free of cost on proper application.