Ld. Advocate appearing for the Complainant is present.

Case is taken up on the point of admission hearing.

Heard the Ld. Advocate of the Complainant at length.

Perused. Considered.

The allegation leveled by the Complainant against OP 1 who appears to be a diagnostic centre and OP 2 appears to be proprietor of OP 1 and OP 3 is the consultant pathologist of OP 1.

The allegation made by the Complainant even if accepted that does not make out any case which may even prima facie come out within the periphery of C.P. Act relating to medical negligence.

Mere allegation is not a proof.

The allegation is required to be proved by cogent and appreciable evidence (in this case at least prima facie).

Considering the pros and cons of the materials on record and also keeping in view the attending facts and circumstances of the case this Commission is of the view that prima facie there is no materials to proceed further with the case.

Hence, the instant petition of complaint stands rejected.

Dictated and corrected by  

[HON'BLE MR. Shri Sankar Kumar Ghosh]
PRESIDENT