| Revision Petition No. RP/214/2016 | | (Arisen out of Order Dated 23/09/2016 in Case No. Complaint Case No. CC/307/2016 of District Kolkata-II(Central)) |
| | | | 1. Fatema Bibi | | W/o Md. Ruhul Amin Molla, Vill. - Nimkuriya, P.O. Joypur, P.S.- Kashipur, Dist. South 24 Pgs., Pin- 743 502. |
| ...........Appellant(s) | |
| Versus | | 1. The Nilratan Sircar Medical College and Hospital | | 138, A.J.C. Bose Road, P.O. & P.S. - Entally, Kolkata - 700 014. | | 2. The Principal, The Nilratan Sircar Medical College & Hospital | | 138, A.J.C. Bose Road, P.O. & P.S. - Entally, Kolkata - 700 014. | | 3. The Medical Superintendent cum Vice Principal, The Nilratan Sircar Medical College & Hospital | | 138, A.J.C. Bose Road, P.O. & P.S. - Entally, Kolkata - 700 014. | | 4. Dr. S. Purakayastha, Gynae & Obstatics Dept., The Nilratan Sircar Medical College & Hospital | | 138, A.J.C. Bose Road, P.O. & P.S. - Entally, Kolkata - 700 014. | | 5. Dr. Sankar Nath Mitra, Gynae & Obstatics Dept., The Midnapore Medical College & Hospital | | Vidyasagar Road, P.O.- Midnapore, P.S. - Midnapore Town Kotwali, Dist. Paschim Medinipur, Pin-721 101. | | 6. Dr. P.K . Sen | | 306, Prince Anwar Shah Road, P.S. - Lake, Kolkata - 700 045. | | 7. Dr. A. Nister, Ballygunge Maternity & Nursing Home | | 20/1/1M, Ballygunge Station Road, P.S. - Gariahat, Kolkata - 700 019. | | 8. Dr. Prosenjit Sarkar | | 24, Bepin Pal Road, P.S. - Tollygunge, Kolkata - 700 026. | | 9. The Microlap Nursing Home | | 24, Bepin Pal Road, P.S. - Tollygunge, Kolkata - 700 026. | | 10. The West Bengal Medical Council | | GN-29, Sector-V, Salt Lake City, P.S. - Electronics Complex, Kolkata - 700 091. | | 11. The Secretary to the Govt. of W.B., Dept. Health & Family Welfare, G.A. Br., Swasthya Bhawan | | GN-29, Sector-V, Salt Lake City, P.S. - Electronics Complex, Kolkata - 700 091. | | 12. The Director, Directorate of Health & Family Welfare, Govt. of W.B., Swasthya Bhawan | | GN-29, Sector-V, Salt Lake City, P.S. - Electronics Complex, Kolkata - 700 091. |
| ...........Respondent(s) |
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| For the Petitioner: | Ms. Olivia Mukherjee, Advocate | | For the Respondent: | Pooja Shukla, Advocate | | | Pooja Shukla, Advocate | | | Pooja Shukla, Advocate | | | Pooja Shukla, Advocate | | | Alok Mukhopadhay, Advocate | | | Mr. Shamir Islam, Mr. Avishek Mondal, Advocate | | | Pooja Shukla, Advocate | | | Pooja Shukla, Advocate | | | Pooja Shukla, Advocate | |
| Final Order / Judgement | HON’BLE JUSTICE ISHAN CHANDRA DAS, PRESIDENT This Revisional Application has been preferred questioning the propriety of the order no. 7 dated 23/09/2016 in CC 307/2016 before District Consumer Disputes Redressal Forum, Kolkata, Unit-II. Here Ld. Forum concerned while dealing with the interlocutory matters was annoyed by the conduct of the complainant for filing a frivolous application under section 13 (2) (a), 13 (2) (b) (ii) and 13 (3) of the Consumer Protection Act as it was filed for rejection of the written version filed on behalf of the OPs no. 1 to 3. From the order impugned, it appears that Ld. Advocate for the complainant prayed before the Court to fix up a date of hearing of the said application but Ld. Forum concerned instantly searched out whether the OPs no. 1 to 3 filed any written version in CC 307 of 2016 and when he found that no such written version on behalf of the said OPs have been filed, he imposed cost of Rs. 2,000/- upon the complainant to be paid to the Forum. The order impugned also reflects that there was an instant reaction of Ld. Forum concerned and penalty in the form of payment of cost was imposed on the complainant. We should not be unmindful that the Consumer Protection Act is a beneficial legislation to protect the interest of the consumers and to give remedy/justice and the Consumer Forum is a legal obligation to handle the situation in a calm and quite manner. Hence, Ld. Forum concerned acted sharply, imposed penalty upon the complainant. In the premises no alternative is left before us but to set aside the direction of the Forum concerned with regard to payment of cost of Rs. 2,000/-, to be paid to the said Forum, without going into any controversy over the matter. We make it clear that the other part of the order impugned remains uninterfered and Ld. Forum concerned is at liberty to take further steps according to law for disposal of the complaint case. With the above observation and direction, this Revisional Application stands disposed of. No costs. To 06/07/2017 for appearance before Ld. Trial Forum. | |
