Assam

Kamrup

CC/69/2016

SRI SURAJ NEWAR - Complainant(s)

Versus

THE MANAGING DIRECTOR, MARWARI MATERNITY HOSPITAL - Opp.Party(s)

P.SHARMA

24 Feb 2017

ORDER

DISTRICT CONSUMER DISPUTES REDRESSAL FORUM
KAMRUP,GUWAHATI
 
Complaint Case No. CC/69/2016
 
1. SRI SURAJ NEWAR
S/O-LATE MADAN CH. NEWAR, BAMUNPARA, DAMODAR NAGAR, GUWAHATI-781040,ASSAM
KAMRUP
ASSAM
2. MRS ARUNIMA NEWAR
W/O- SRI SURAJ NEWAR, BAMUNPARA, DAMODAR NAGAR, GUWAHATI-781040, ASSAM
KAMRUP
ASSAM
...........Complainant(s)
Versus
1. THE MANAGING DIRECTOR, MARWARI MATERNITY HOSPITAL
ATHGAON,SATI JOYMOTI ROAD, GUWAHATI,ASSAM-781008
KAMRUP
ASSAM
............Opp.Party(s)
 
BEFORE: 
 HON'BLE MR. JUSTICE md sahadat hussain PRESIDENT
 HON'BLE MRS. Smti.Archana Deka Lahkar MEMBER
 
For the Complainant:P.SHARMA, Advocate
 P.SHARMA, Advocate
For the Opp. Party:
Dated : 24 Feb 2017
Final Order / Judgement

The complainant side is present today. On 19/01/17, we have heard submission of Ld advocate Mr P.M. Sarma on the point of admissibility of the complaint filed by Sri Suraj Newar and his wife Mrs Arunima Newar  against the Managing Director, Marwari Maternity Hospital. We have perused the complaint as well as the submission of L advocate Mr Sarma  . We have found the complainants state that Complainant No-2, during gestation period of her pregnancy regularly  she visited Dr.G.Brahma who was practicing at “Gakul Medicos” (Basistha Chariali) and at Marwari Maternity Hospital and under Dr.G.Brahma, the personnels of “Micro-Diagnostic Clinic & Research” regularly collected samples from her and conducted different test and also did the USG test as per advise of Dr.G.Brahma  during 14 (fourteen) weeks of foetus of her pregnancy at the Indoor Clinic Laboratory  of Marwari Maternity Hospital on 30/10/2015, but Marwari Maternity Hospital  did not provide admission slip, cash-memo,reports etc. But Dr.G.Brahma, informed both the complainants that the foetus was in normal condition and again both the complainants asked Marwari Maternity Hospital   to provide admission slip, reports etc. but they denied to give the same; and later on the complainants came to know that the Clinical Laboratory run by Marwari Maternity Hospital   was illegal run  by them; and in result the said laboratory was closed  down being established in violation of Medical Council of Indian;s norms, and the Complainant No-2 was admitted at Marwari Maternity Hospital   on 14/04/2016 and she gave birth of a female baby having no right hand from down the elbow  which contradicted with the reports and due to that the complainants are suffering from mental agony; and the defect in the hand of the said baby would adversely affects the prospect of her marriage and career building in life at proper time, and therefore they prays for directing the opp. party to pay compensation to the tune of Rs.20,00,000/- (Rupees twenty lakhs ) only.

         We have perused the complaint and the submission of Ld advocate Mr Sarma . We have also perused the documents filed. After perusing the documents, it is found that different blood tests of Complainant No-2 were also done in Marwari  Hospital   Diagnostic Centre and the Complainant No-2  also delivered a female baby at Marwari Maternity Hospital   ,Athgaon,Guwahati on 19/04/2016 under the treatment of Dr.G. Brahma. It is also found that the USG test was done at Ultra Care Diagnostic Centre at Basistha Chariali by Dr Dhruba Gogoi ,but not at Marwari Hospital Diagmostic Centre .The complainant  side alleges that Marwari Maternity Hospital (opp.party) has no authority to do the tests which were done  thre owing to the  fact that their clinic was closed being violation of the norms of Medical Council of India . The complainant side furnishes no documents as to the fact that Marwari Maternity Hospital   has no licence  to do the test of blood etc. of the complainant which were also done there. So, in this stage , without proper documents supporting the allegations of the complainant, their mere statement that Clinical Laboratory in Marwari Maternity Hospital    has been running illegally cannot be believed  to be true. So, we are of opinion that the complainants have no prima facie case  against the opp. party- Marwari Maternity Hospital   .Hence, the complaint as filed cannot be admitted and it is dismissed summarily.

 
 
[HON'BLE MR. JUSTICE md sahadat hussain]
PRESIDENT
 
[HON'BLE MRS. Smti.Archana Deka Lahkar]
MEMBER

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