ISHAN CHANDRA DAS, HON’BLE PRESIDENT 

          Assailing the judgment and order dated 17.11.14 passed by Ld. District Consumer Disputes Redressal Forum, Kolkata Unit II, the present Appeal has been preferred wherein Ld. Forum concerned while disposing of the Complaint Case No. 262/2014 dismissed the same on contest against the OP without costs. 

          Briefly stated ,the case of the Complainant was that the Complainant, an employee of the private concern while suffering from Chest Back Pain in the month of May, 2012, went to Sealdah ESI Hospital at its OPD regularly for treatment where he had to undergo treatment for a few days but as his physical condition was deteriorating  day by day he was compelled  to take  assistance of private doctors, Angiography and other tests  were done at Peerless Hospital and Belleview Clinic on 14.06.12 and 29.06.12  respectively. Due to poverty the Complainant was not in a position to undertake huge financial expenses and the Complainant had to make a complaint to the State Nodal Officer of Health System Development of the Govt. of W.B. in its health and Family Welfare Department . Ld. Forum below while deciding the case on the basis of the materials on record held that the Appellant/ Complainant attended the ESI Hospital on 12.05.12 and thereafter he visited on 14.05.12 where he was given proper clinical examination and proper medicine was given for his treatment and such treatment continued up to 06.06.2012 without having any objection or complaint that he was not properly treated by doctors of ESI Hospital. In the impugned judgment , Ld. District Forum observed that on 13.06.12 the Complainant was admitted to Peerless Hospital and was discharged on 14.06.2012 with a complaint of heaviness of the back chest pain and chest discomfort etc., Ld. Trial Court on perusal of the treatment papers and the evidence as produced before him found that the Appellant herein suffered from Multiple Vassel Coronary Artery Disease, treatment  was given and he was released on 14.06.2012, thereafter he was admitted again on 08.07.12  and operation was done on 29.06.12 . Ld. District Forum while disposing of the complaint case observed that the Appellant/ Complainant was admitted to the Peerless Hospital on 13.06.12 and was discharged on 14.06.2012 but he suppressed the matter before the ESI Hospital and avoided it. It was further observation of the Ld. Forum concerned  that the Complainant did not turn up within the period of 12.05.12 to 06.06.12 and he did not make any allegations about further deterioration of his health or that  he was completely bed ridden , rather  at his own whims he avoided the ESI Hospital and preferred to take treatment from the Super Specialty Hospitals like Peerless Hospital , Belleview Clinic. Highlighting the deficiency in the conduct of the Appellant herein Ld. Forum concerned found the Appellant negligent and held that the ESI Hospital i.e., the Respondent No. 1 herein or his institution was never responsible for any sufferings, if any , caused to the Appellant and taking into consideration all the aspects as noted earlier it can  safely be concluded that Ld. Forum concerned was correct in their approach, since no other legitimate inference can be drawn from the above given facts and circumstances of the case . Hence, we do not find any merit in the Appeal  which stands dismissed.  The judgment and order dated 17.11.14 passed by  Ld. District Consumer Disputes Redressal Forum Unit II , Kolkata in CC No. 262/ 2014  is hereby affirmed. We make no order as to costs of litigation.