West Bengal

StateCommission

IA/1215/2019

Smt. Kajari Tapadar - Complainant(s)

Versus

Sushrut Hospital & Anr. - Opp.Party(s)

Mr. Abu Sayem

04 Feb 2020

ORDER

STATE CONSUMER DISPUTES REDRESSAL COMMISSION
WEST BENGAL
11A, Mirza Ghalib Street, Kolkata - 700087
 
Interlocutory Application No. IA/1215/2019
( Date of Filing : 12 Dec 2019 )
In
Complaint Case No. CC/561/2018
 
1. Smt. Kajari Tapadar
D/o Lt. Sekhar Kr. Tapadar, B-1/128, Kalyani, P.O. & P.S. - Kalyani, Dist. Nadia, Pin - 741 235.
...........Appellant(s)
Versus
1. Sushrut Hospital & Anr.
A-9X/4(C.A), Kalyani, P.O. & P.S. - Kalyani, Dist. Nadia, Pin - 741 235, W.B., Service through its Administrative Head.
...........Respondent(s)
 
BEFORE: 
 HON'BLE MR. JUSTICE ISHAN CHANDRA DAS PRESIDENT
 HON'BLE MRS. SAMIKSHA BHATTACHARYA MEMBER
 HON'BLE MR. SHYAMAL KUMAR GHOSH MEMBER
 
For the Appellant:Mr. Abu Sayem, Advocate
For the Respondent: Ms. Binota Roy, Advocate
Dated : 04 Feb 2020
Final Order / Judgement

HON’BLE MR.JUSTICE ISHAN CHANDRA DAS,PRESIDENT

       This Interlocutory Application has been filed by the complainant in CC/561/2018 where she prayed for compensation alleging medical negligence in her father’s treatment. In the instant application she prayed for referring her allegations to an Experts’ Committee for its valuable opinion about the negligence in the treatment of Sekhar Tapadar  and she prayed for an order to refer the matter to any Government Hospital seeking the opinion of the experts. Ld. Counsel appearing for the complainant in course of hearing submitted that the report of an ‘experts’ committee’ would be necessary in dealing with the allegations brought by the complainant against the treating doctors in the treatment of the patient. Though the contesting OPs raised objection against the prayer of the complainant but for proper adjudication of the instant case regarding medical negligence we feel it proper to refer the matter to the Superintendent of NRS Medical College & Hospital, Kolkata to examine the allegations and supporting documents supplied by the complainant and requesting the Superintendent of the said Hospital to form a committee of doctors specialized in the field of disease of the victim and to submit expert’s opinion preferably within a period of two months from the date of receipt of this order and the  documents annexed hereto. This order is passed in view of the decision of the Hon’ble Apex Court in Ramesh Chandra Agarwal Vs. Regency Hospital Ltd. and others, reported in (2009) 9 SCC 789. The office is directed to send the copies of the petition of complaint, written version filed by the OPs and all other treatment papers as available on record to the Superintendent of NRS Medical College & Hospital, Kolkata at the earliest. Fix  26/02/2020 for further order. 

 
 
[HON'BLE MR. JUSTICE ISHAN CHANDRA DAS]
PRESIDENT
 
 
[HON'BLE MRS. SAMIKSHA BHATTACHARYA]
MEMBER
 
 
[HON'BLE MR. SHYAMAL KUMAR GHOSH]
MEMBER
 

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