Order No. 07            Dated-    20.12.2021

            Today is fixed for admission hearing.

            Heard the Ld. Advocate for the complainant. Perused the consumer complaint coupled with documents annexed thereto. Considered. On perusal of the disposal order accompanying corrpses sent for crimination or burial it appears to us that wife of the complainant dled  on 13.02.2016 at Lady Dufferin Victoria Hospital Kolkata-700009 under Muchipara PS and the complainant lodged a complaint to the OP-1 to the effect that he was physically assaulted by the doctor. of the said hospital and also forcibly snatched requisition slip from his custody. From photocopy of order in connection with C/30/2016 it appears that on the basis of a written complaint of the complainant the West Bengal Medical Council cautioned Dr. Rizwana Parvin to the effect that there is no failure on her part to fulfill the standard laid down criteria in making any requisition in future. Such order was communicated to the complainant on  04.01.2021. Admittedly, the cause of action of the instant consumer complaint arose on 13.02.2016. The instant consumer complaint is filed on 07.04.2021 beyond the period of two years from the date of cause of action.  There is also no prayer for condonation of delay by filing any application U/s 69 (2) of CP Act, 2019. In Para  26 of consumer petition the complainant states that first cause of action arose on 13.02.2016 and continuing day to day till the last finding of the West Bengal Medical Council dated  24.12.2020. In our opinion, the Medical Council of West Bengal has no authority to grant any compensation in favour of the complainant. If there is any laches or negligence on the part of the doctor in that event the WBMC can only  take steps for cancellation of registration of concerned doctor or cautioned regarding his/her negligence. The cause of action of the instant case is not continuing one.

Having regard to facts and circumstances of the case, we are not inclined to admit the complaint and the complaint is rejected being barred by limitation.