In the Court of the
Consumer Disputes Redressal Forum, Unit -I, Kolkata,
8B, Nelie Sengupta Sarani, Kolkata-700087.
CDF/Unit-I/Case No. 403 / 2009.
1) Sri Provat Kumar Roy and Smt. Ila Roy,
28, Dover Road, Ballygunge, Kolkata-700019. ---------- Complainant
---Versus---
1) Quadra Medical Services Pvt. Ltd.,
41, Hazra Road, Kolkata -0700019, P.S. Ballygunge. ---------- Opposite Party
Present : Sri Sankar Nath Das, President.
Dr. A. B. Chakraborty, Member
Order No. 1 2 Dated 2 7 / 1 2 / 2 0 1 2 .
The petition of complaint u/s 12 of the C.P. Act, 1986 has been filed by complainants Sri Pravat Kr. Roy and Smt. Ila Roy against the o.p. Quadra medical Services Pvt. Ltd. The case of the complainants in short is that complainant nos.1 and 2 are husband and wife and o.p. was carrying on various medical testing pathology, ecg, echocardiograph, scan, etc. on 16.11.01. Complainant no.2 fell on the 2nd floor of her house and she was bed ridden and orthopedic surgeon Dr. S. Ghosh was consulted and as per his advice complainant no.2 was taken to o.p. by ambulance and on x-ray it was found that both pelvis with both hips A.P. view was advised and as per advice of the doctor, ayah was engaged from 16.11.08 @ Rs.90/- per day on 12 hours basis and consultation fees of Rs.500/- to the said surgeon and ambulance charges and x-ray charges of Rs.550/- and Rs.230/- was paid to o.p. no.2 and in x-ray report there was no word “fractured” written nor there was any mention of bone density and alignment was normal and seeing the x-ray report orthopedic surgeon Prof. Samir Kr. Mukherjee ruled out operation and advised the patient to take bed rest for four weeks and advised medical shoes amounting Rs.400/- and a further consultation fee to the said doctor was paid of rs.400/- on 14.11.08 and again on 14.12.08 after four weeks patient was taken to o.p. and complainants had to incur Rs.368/- and Rs.400/- on 12.12.08 for consultation fees and x-ray report and further consultation fees of Rs.400/- was paid to Dr. S. Sarkar and for the entire treatment complainants had to incur huge amount and operation was also carried out and complainants had to incur Rs.1,10,000/- for pre and post operational expenses including the pre equivalent cost of mental agony and sufferings.
O.p. had entered its appearance in the instant case by filing w/v denying all the material allegations labeled against them and prayed for dismissal of the case.
Decision with reasons:-
We have gone through the pleadings of the parties in its entirety and the evidence together with documents in particular and we find that complainant no.2 had to undergo operation at a very belated stage and for which complainants had to face much trouble and had to incur profuse amount for the deficiency on the part of the o.p. and had it been properly done the much less amount would have been incurred by the complainants and for such mismanagement and deficiency on the part of the o.p. has caused much agony and huge loss of the complainants and we are of the view that o.p. had clear deficiency on their part being a service provider to its consumers / complainants and complainants are entitled to relief as prayed for as contained in the prayer portion of the petition of complaint.
Hence, ordered,
The petition of complaint is allowed on contest with cost against the o.p. O.p. is directed to pay a sum of Rs.55,000/- (Rupees fifty five thousand) only together with an interest @ 9% p.a. from the date of communication of this order and o.p. is further directed to pay compensation of Rs.15,000/- (Rupees fifteen thousand) only and litigation cost of Rs.5000/- (Rupees five thousand) only within 45 days from the date of communication of this order, i.d. an interest @ 9% p.a. shall carry over the total sum due to the credit of the complainant till full realization.
Supply certified copy of this order to the parties.
____Sd--________ _______Sd--__________
MEMBER PRESIDENT
