West Bengal

Murshidabad

EA/27/2011

MADHUSUDAN DUTTA - Complainant(s)

Versus

SUPERINTENDENT, NEW GENERAL HOSPITAL AND C.M.O.H. - Opp.Party(s)

30 Mar 2017

ORDER

District Consumer Disputes Redressal Forum
Berhampore, Murshidabad.
 
Execution Application No. EA/27/2011
In
CC/11/2009
 
1. MADHUSUDAN DUTTA
S/O LATE GOPAL CHANDRA DUTTA, 40 NIRUPAMA DEVI RD, GORABAZAR, BERHAMPORE, MURSHIDBAD, PIN 742101.
...........Appellant(s)
Versus
1. SUPERINTENDENT, NEW GENERAL HOSPITAL AND C.M.O.H.
P.O. AND P.S. BERHAMPORE, MURSHIDBAD, PIN 742101.
...........Respondent(s)
 
BEFORE: 
 HON'BLE MR. ANUPAM BHATTACHARYYA PRESIDENT
 HON'BLE MR. SAMARESH KUMAR MITRA MEMBER
 
For the Appellant:
For the Respondent:
Dated : 30 Mar 2017
Final Order / Judgement

Sri Samaresh Kumar Mitra, Presiding Member.

Today is fixed for passing order as per Order No. 14 dated 27.06.2014 of FA Case No. 516/2011of Hon’ble State Consumer Disputes Redressal Commission, W.B.

This Execution Application has been arisen out CC/11/2009 which was disposed of on 21.07.2011 being dismissed on contest against the OP no.1 Dr. C.P. Patel and allowed on contest against the OP Nos. 2(Superintendent, New General Hospital, Berhampore ) & OP No. 3 (CMOH, Murshidabad) without any order as to cost. The OP Nos. 2 & 3 above jointly and severally are directed to pay compensation of Rs.2,00,000.00 to the complainant (Madhusudhan Dutta) within three months from the date of this order failing which an interest @ 8% p.a. will carry from the date of filing of this case i.e. 20.1.2009 till full payment.

The D.hr has filed this Execution Application on 07.12.2011 as the Jdrs. did not comply the aforesaid order.

Jdr filed an appeal before Hon’ble State Consumer Disputes Redressal Commission, W.B. challenging the order of CDRF, Murshidabad dated 21.07.2011 in connection with case No. CC/11/2009.

The original case record No. CC/11/2009 was sent to Hon’ble State Consumer Disputes Redressal Commission, W.B. vide Memo No.1227/SC/2J-2/07(Part) dated 05.12.2012 of Hon’ble State Consumer Disputes Redressal Commission, W.B.  

The Hon’ble State Consumer Disputes Redressal Commission, W.B. has passed the order in that appeal on 27.06.2014 as under:-

‘The appeal is allowed. We set the impugned judgment and order. The petition of complaint is dismissed. We make no order as to costs.’

As per above order of the Hon’ble State Consumer Disputes Redressal Commission, W.B., the execution case be disposed of accordingly.

Hence,

                                                   Ordered

that the Execution Application No. 27/2011 be and the same is hereby disposed of as per order dated 27.06.2014 of the of the Hon’ble State Consumer Disputes Redressal Commission, W.B.

Let a plain copy of this order be made available and be supplied free of cost, to each of the parties on contest in person, Ld. Advocate/Agent on record, by hand under proper acknowledgment / be sent forthwith under ordinary post  to the concerned parties as per rules, for information and necessary action.

 
 
[HON'BLE MR. ANUPAM BHATTACHARYYA]
PRESIDENT
 
[HON'BLE MR. SAMARESH KUMAR MITRA]
MEMBER

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