Date of filing: 14.11.2019 Date of disposal: 06.01.2020
Complainant: Smt. Ruby Singh, W/o. Sri Ranjit Kumar Singh, resident of 500, G. T. Road, Mehedibagan, PO. & PS: Burdwan, District: Purba Bardhaman, PIN – 713 101.
Opposite Party: 1. Spandan Hospital (A unit of Spandan Advance Medicare Pvt. Ltd.) to be represented by its General/Chief Manager, VIP Road, Teghoria, Kolkata – 700 059.
2. Dr. Manoj Kr. Khemani, C/o. Spandan Hospital, VIP Road, Teghoria, Kolkata – 700 059. Treated at Bone & Joint Clinic (Raniganj), Near Ghosh Pharmay, Opposite to Marwari Hospital, Raniganj, District: Paschim Bardhaman.
3. Dr. Snehasis Das, Deptt. of Pathology, Spandan Hospital, VIP Road, Teghoria, Kolkata – 700 059.
4. Dr. Niranjan Mondal, Deptt. of Pathology, Spandan Hospital, VIP Road, Teghoria, Kolkata – 700 059.
Proforma Opposite Party: 5. West Bengal AIDS Prevention and Control Society, to be represented by its Chief Medical Officer, Swasthya Bhavan, GN-29, Sector-V, Salt Lake City, Kolkata -91.
Present: Hon’ble President: Smt. Jayanti Maitra (Ray).
Hon’ble Member: Ms. Nivedita Ghosh.
Hon’ble Member: Shri Sailaranjan Das.
Appeared for the Complainant: Ld. Advocate, Alaul Hossain Midda.
Appeared for the Opposite Party No. 1 & 4: Ld. Advocate, Shovan Kumar.
Appeared for the Opposite Party No. 2, 3: Ld. Advocate, Amitava Chowdhury.
Appeared for the Proforma Opposite Party No. 5: None (ex parte).
Order No. 18, Dated: 06.01.2020
This order is arising out of the Misc. Application being No. 81/2019 filed by the complainant in the C. C. No. 09/2019 with a prayer for addition of B.M.C.H., Burdwan as Proforma Opposite Party No. 6.
It is stated by the complainant in the Application that after preferring the present case the complainant underwent HIV Test at B.M.C.H., Burdwan and the result of the test found to be non-reactive. For proper adjudication of the present suit the B.M.C.H., Burdwan is to be added as Proforma O.P. No. 6 and prayer is made for addition of B.M.C.H., Burdwan as Proforma .O.P., otherwise, the complainant will be seriously prejudiced.
OP No. 3 filed written objection against the M.A. stating that the B.M.C.H., Burdwan is not a necessary party to this case and the grounds assigned for the proposed addition of parties are not tenable. The petition of addition of parties filed by the complainant is belated one and just to complicate the case and to drag the case unnecessarily. Though at the time of hearing Ld. Advocate of OP No. 3 submits that it has no objection if the amendment petition is considered and allowed.
After hearing both sides, we are of the opinion that the complainant wants to incorporate B.M.C.H., Burdwan as Proforma O.P. but no relief has been claimed by the complainant against B.M.C.H., Burdwan, only to substantiate her complaint wants to incorporate B.M.C.H., Burdwan as a party to this case, so the prayer of the complainant should be allowed for proper adjudication of this complaint.
Hence, it is
O r d e r e d
that the Misc. Application being No. 81/2019 be and the same is allowed on contest without any cost.
Let plain copies of this order be supplied to the parties free of cost as per provisions of law.
Dictated & Corrected by me: (Jayanti Maitra (Ray)
President
(Nivedita Ghosh) DCDRF, Purba Bardhaman
Member
DCDRF, Purba Bardhaman
(Sailaranjan Das) (Nivedita Ghosh)
Member Member
DCDRF, Purba Bardhaman DCDRF, Purba Bardhaman
