04/09/15

HON’BLE JUSTICE MR. KALIDAS MUKHERJEE, PRESIDENT

            This Revision Petition is directed against the order dated 08/01/15 passed by Learned District Forum, Alipore, South 24-Parganas in CC 395 of 2014 rejecting the petition filed by the OP. 

            The Learned Counsel for the Revision Petitioner has submitted that in the petition of complaint there is allegation of sale of wrong medicine and OP filed petition praying for an order for supply of the bed head ticket and other papers. 

            The Learned Counsel for the Respondent has submitted that as per averment made in the complaint the Complainant purchased medicine from the OP, but wrong medicine was supplied to the Complainant.  It is submitted that the prescription of the doctor and also the cash memo issued by OP have been filed.  It is submitted that the bed head ticket of the Hospital is not required to be produced in the facts and circumstances of the instant case. 

            We have heard the submission made by both sides.  In the complaint the Complainant has alleged sale of wrong medicine against the OP and in support of such contention the Complainant filed the medical prescription and the cash memo issued by the OP.  Moreover, the concerned doctor has also issued a certificate dated 22/06/14 to the effect that wrong medicine was supplied and, as a result of taking such wrong medicine the patient developed fast arrhythmia and it led to death of the patient.  In view of such circumstances, we are of the considered view that supply of bed head ticket and treatment sheet are not at all required.  There is no merit in this Revision Petition. 

            The Revision Petition is dismissed.  Both parties are directed to appear before the Learned District Forum on 18/09/15.