In the Court of the
Consumer Disputes Redressal Forum, Unit -I, Kolkata,
8B, Nelie Sengupta Sarani, 4th Floor, Kolkata-700087.
CDF/Unit-I/Case No. 274 / 2011.
1) Bata Krishna Banerjee,
¾, Third Street, Modern Park, Santoshpur, Kolkata-700075. ---------- Complainant
---Versus---
1) Ramkrishna Mission Seva Pratisthan,
99, Sarat Bose Road, Kolkata-700026. ---------- Opposite Party
Present : Sri Sankar Nath Das, President.
Dr. Subir Kumar Chaudhuri, Member.
Smt. Sharmi Basu, Member
Order No. 11 Dated 15/06/2012.
The petition of complaint u/s 12 of the C.P. Act, 1986 has been filed by complainant Bata Krishna Banerjee against the o.ps. Ramkrishna Mission Seva Pratisthan and Dr. Kalyan Sarkar. The case of the complainants in short is that complainant has some prostrate gland problem and he was admitted under o.p. no.2 Dr. Kayan Sarkar in the hospital of o.p. no.1 Ramkrishna Seva Pratisthan and as per advice of o.p. no.2 he had to undergo prostrate operation – TURP & SA and he had to incur Rs.25,000/- for various types of tests, medicines, admission charges and operation charges, etc and it took place on 21.8.10, but the problem of complainant in respect of prostrate was not cured and he had to carry on his further treatment in various places under various doctors as mentioned in the petition of complaint for which he had to undergo profuse expenses. Hence the case filed by complainant with the prayer mentioned in the prayer portion of the petition of complaint.
O.p. no.1 had entered its appearance in this case by filing w/v and denied all the material allegations labeled against it and prayed for dismissal of the case since because no excessive charge was inflicted upon complainant during his admission at o.p. no.1 hospital, on the contrary o.p. no.1 charged Rs.4900/- only from complainant as we find from their w/v. O.p. no.2 did not contest the instant case by filing w/v and accordingly matter was heard ex parte as against o.p. no.2.
Decision with reasons:-
We have gone through the pleadings of the parties, evidence and documents in particular and we find that operation, done by o.p. no.2 of complainant of the prostrate gland adopting the procedure TURP & SA, did not cure the complainant from such problem and even after that complainant had to consult various doctors and had to incur profuse expenses for the such ailment and complainant has complained that there were some sort of negligencies on the part of o.p. no.2.
In view of the above position and on perusal of the entire materials on record and keeping an eye to the age of complainant i.e. a senior citizen we are of the view that o.ps. had some sort of medical negligencies on their part and o.ps. cannot shirk off their responsibility and this position has further strengthen from discharge summary of the Gariahat Kidney Care Centre vide annex-33 attached with the petition of complaint and the said operation was done on 8.5.11 within a span of seven months from the date of first operation.
In this regard we are referring the remarkable judgment of Hon’ble Apex Court in the case of V. Kishan Rao vs. Nikhil Super Speciality Hospital vide no.2641/2010 passed on 8.3.10. We are also relying another landmark judgment of the Hon’ble Supreme Court in the case of All India Medical Association vs. V.P. Santha (AIR 1996 SC 500).
Therefore, we hold that there was some deficiency on the part of o.ps.
Hence, ordered,
That the petition of complaint is allowed on contest against o.p. no.1 and ex parte as against o.p. no.2 with cost. O.ps. are directed jointly and / or severally to pay to the complainant compensation of Rs.25,000/- (Rupees twenty five thousand) only together with interest @ 9% p.a. from the date of operation till the date of realization and O.ps. are further directed to pay jointly and / or severally litigation cost of Rs.10,000/- (Rupees ten thousand) only within 45 days from the date of communication of this order, i.d. an interest @ 9% p.a. shall accrue over the entire sum due to the credit of the complainant till full realization.
Supply certified copy of this order to the parties.
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MEMBER MEMBER PRESIDENT
