Complainant files agent hazira. Opposite party files agent hazira.

Complainant files written objection along with a few photo copy of documents. Today is fixed for hearing petition dt. 7.11.2019 filed by the op for expunging the name of op. Hd. the ld. Advocate of both sides. Perused the case record it appears from the petition dt. 7.11.2019 that the op deals in all types of pathological tests under the license of West Bengal Clinical Establishment Act, 1950. According to the op the complainant submitted all relevant documents from some other organizations from whom she got the USG and submitted the money receipt of USG of anomaly scan dt. 11.4.2017 of Narcissus Medical Centre which has not been made party in this case from whom the complainant has got her USG scan. The op further assailed that complainant brought this case against this op in which this op is not involved in giving service to the complainant. So, he prayed to expunge him from the complaint case. Complainant by filing written objection avert that she filed the instant case against the op as she possesses the cash memo of op from the same cash counter of the op. The complainant also stated that in the same building op runs the business under the name and style i) Serampore Medical and Diagnostic Centre ii) Narcissus Medical Centre and same cashier issued 2 separate invoice cum receipt from the same cash counter. So, the complainant prayed to reject the petition dt. 7.11.2019. It appears from the photo copy of invoice cum receipt dt. 12.4.2017 the op, namely, Serampore Medical and Diagnostic Centre (pathology division of narcissus medical centre) 12 G.C. Goswami Street, Serampore, Hooghly received a sum of Rs. 2,100/- for triple marker of complainant Pampa Dutta vide report dt. 19.4.2017.

Complainant files another invoice cum receipt dt. 11.4.2017 of Narcissus Medical Centre, 12 G.C. Goswami Street, Serampore, Hooghly in which the complainant Pampa Dutta done USG of anomaly scan by paying a sum of Rs. 1,800/-.

It appears from the complaint petition that the complainant filed the complaint case being no. 53 of 2019 stating that she attended in Narcissus Medical Centre for USG of anomaly scan and obstract ultra sound scan ( Trible marker dt. 11.4.2017, 12.4.2017, 22.4.2017, 25.4.2017) and after getting report on 27.4.2017 she found that “all normal”. The op received Rs. 2,100/- on 12.4.2017 and Rs. 1,800/- on 11.4.2017. Subsequently, the petitioner admitted in Kolkata Medical college and gave birth a son with the problem of right hand i.e. there is no thump finger and one bone in arm is absent but the op mentioned in the USG that all normal. So, the report of the op in respect of USG is wrong as such the complainant filed the instant case for medical negligence praying directions upon the op for mental torture, harassment, loss of valuable time, communication expenses, medical expenses and others. But, the complainant filed a petition dt. 24.1.2019 addressing the authority of Serampore Medical and Diagnostic Centre (pathology division narcissus medical centre, 12 G.C. Goswami Street, Serampore, Hooghly) stating her grievance regarding wrong scan report. But, it appears from the Ultrasonography report dt. 25.4.2017 of obstetric ultrasound scan and anatomical scan report is given in the letter head of Narcissus Medical Centre. But the complainant filed the instant case against the authority Serampore Medical and Diagnostic Centre. The op by filing the petition alleged that it is associated with all types of pathological test under the license of West Bengal clinical Establishment Act, 1950 but it is not associated with any ultrasonography scan and it is corroborated by the report of Narcissus Medical Centre  that the ultrasonography done by department of ultrasonography of Narcissus Medical Centre. It is pertinent to mention that both Serampore Medical and Diagnostic Centre and Narcissus Medical Centre situated in the same address having same phone number. But, if we consider the naming clause, then it differs from each other. So, we are in the opinion that the petition of op is deserved to be allowed as he did not perform the disputed ultrasonography for which the complainant filed the instant case.

Hence, it is, ordered that the petition dt. 7.11.2019 is allowed on contest as such the op, namely, Serampore Medical and Diagnostic Centre is expunged from the case.

There will be no order as to costs.