Order No. 03, Dated: 09.3.2015
This complaint is filed by the complainant u/S. 12 of the C.P. Act, 1986 alleging deficiency in service, as well as, unfair trade practice against the Ops as the Ops have rendered deficient medical service to his wife being the patient.
1
The ld. Counsel for the complainant is present by filing hazira. Today is fixed for hearing on the point of admissibility of the complaint. We have carefully perused the POC and the documents adduced by the complainant along with the POC. It is seen by us that the complainant has made allegation against the Ops as they have miserably failed to provide medical treatment to the wife of the complainant as per standard medical practice because they could not remove the retained placenta after delivery of a pre-mature baby of the wife of the complainant. It is evident from the POC that the wife of the complainant gave birth a pre-mature baby at her residence but as the retained placenta was not out the patient got admission at the OP-1 on 15.7.2014 and the OP-2 provided treatment to her who assured that the retained placenta has been removed. Accordingly, the patient got discharged on 16.7.2014 and was advised for further visit after 14 days from the date of discharge. Accordingly, on 25.7.2014 she visited the OP-2 when the OP-2 was told that the patient was feeling pain in her abdomen but inspite of this assurance was given to her that the treatment has been done successfully and the retained placenta has been removed. The patient was advised to take pain killer for relief. Inspite of this when the pain did not subside the wife of the complainant got admission at Durgapur S.D. Hospital, Bidhannagar on 29.7.2014 wherein according to the complainant the retained placenta has been fully removed and the complainant was told that on prior occasion the placenta has not been removed and due to that reason the patient was suffering pain in her abdomen. It has been further mentioned in the complaint that due to this reason the complainant began to suffer from anemia. According to the complainant at Durgapur S.D. Hospital, Bidhannagar the retained placenta has fully been removed and as there was deficiency in service on behalf of the Ops in providing proper medical treatment to his wife, for this reason this complaint has been initiated by him claiming for making payment to the tune of Rs. 17,457=00 due to medical expense as incurred by him on the first occasion i.e. while patient was admitted at the OP-1 under the OP-2.
2
After going through the papers we do not find out any paper in support of the contention of the complainant that at Durgapur S.D. Hospital, Bidhannagar retained placenta was fully removed. Moreover, no paper and documents have been adduced by the complainant showing any improper medical service to the wife of the complainant. Though the complainant has alleged that the Durgapur S.D. Hospital, Bidhannagar had stated that on prior occasion retained placenta has not been fully removed and due to that reason the patient was suffering from pain in her abdomen and anemia, but in support of such contention no medical document has been filed by the complainant. Therefore, as the complainant has miserably failed prima facie to make out his case that there was deficiency in service in providing medical treatment to his ailing wife, we are constrained to admit the complaint as we do not find out any deficiency in service, as well as, unfair trade practice on behalf of the service providers.
Going by the foregoing discussion, hence, it is
O r d e r e d
that the complaint is dismissed without being admitted. However considering the facts and circumstances of the complaint there is no order as to costs.
(Asoke Kumar Mandal)
Dictated and corrected by me. President
DCDRF, Burdwan
(Silpi Majumder)
Member
DCDRF, Burdwan
(Silpi Majumder)
Member
DCDRF, Burdwan
