Ld. Advocate(s)
For Complainant: Makbul Rahaman
For OP/OPs : Rajdeep Majumder
Date of filing of the case :16.12.2019
Date of Disposal of the case : 01.06.2023
(2)
Final Order / Judgment dtd.01.06.2023
Complainant above named filed this complaint against the aforesaid opposite parties u/s 12 of the Consumer Protection Act, 1986 praying for compensation amounting to Rs.18,00,000/-, interest @ 12% per annum over the said amount, Rs.1,50,000/- as damaged, harassment, mental pain and agony and Rs.40,000/- as cost of the case.
Complainant was feeling low back pain and he was treated before OP NO.2 on 30.08.2018 who used to sit in the Pharmacy of OP NO.1. On that date OP NO.1 advised X-Ray and said X-Ray was done and after seeing X-Ray plate OP NO.2 diagnosed “Dislocation of bone of spinal cord”. Then he prescribed some medicines which were steroid injection. Said injection was pushed on that date, thereafter, complainant felt back pain and which was increased gradually day by day. Thereafter, he was treated by Dr. T. Dutta Roy who was doctor of R.G.Kar Medical College and Hospital. Complainant was also treated at Sri Narayani Hospital and Research Centre of Vellore and got admission in the said hospital. Subsequently, complainant came to learn from newspaper that aforesaid doctor namely Dr. Mrintunjoy Mohalder is a fake doctor. Thereafter, he sent RTI application before the West Bengal Medical Council through his Advocate and he got one reply of the said RTI and came to learn that aforesaid doctor that is OP NO.2 is a fake doctor. Hence, he files this case.
On perusal of order no.7 dated 28.01.2021, we find that notices were served upon OP NO.1 & 2 on 09.01.2020. OP No.1 appeared on 28.01.2021 and filed W/V. OP NO.2 not yet appeared nor filed W/V till 02.03.2021. Case is running ex-parte against him.
Trial
During trial complainant filed affidavit in chief. OP No.1 filed interrogatories and complainant submitted reply.
OP NO.1 filed affidavit in chief. He also filed answer in respect of questionnaire of the complainant.
Brief Notes of Argument
Complainant filed BNA. OP No.1 filed BNA.
Documents
Complainant produced the following documents viz :
(3)
- Prescription of Dr. M. Halder, MBBS D. Ortho dated 31.08.2018..........(One sheet).........(Original)
- Prescription of Dr. T. Dutta Roy, M.S. Ortho.......(One sheet).......(Original)
- OPD patient card issued by R.G.Kar Medical College and Hospital dated 27.09.2018........(One sheet)........(Original)
- Reply of West Bengal Medical Council dated 17.12.2018 addressed to complainant.........(One sheet)............(Original)
- Discharge Summary Sri Narayani Hospital and Research Centre Vellore dated 01.10.2018........(One sheet)........(Original)
- Paper cutting of dated 10.10.2018 published in Reshmi Bengal.........(One sheet) ..........(Original)
- Paper cutting of Bartaman dated 10.10.2018..........(One sheet)........(Original)
Decision with Reasons
We have carefully gone through the petition of complaint, W/V of the OP NO.1, affidavit in chief of the complainant, affidavit in chief of the OP No.1 and documents on record. We do not find any reason to disbelieve those documents because no objection has been raised against the aforesaid documents. Accordingly, those documents are considered. We have also considered the aforesaid petition of complaint, W/V and affidavit in chief.
On perusal of original prescription dated 31.08.2018, we find that OP No.2 issued the said prescription and he use to sit at the pharmacy of OP No.1. We also find that said prescription was prepared in the letter head of OP No.2 and in the said letter head address of OP NO.1 has been clearly mentioned.
On perusal of the said prescription, we find that OP NO.2 has prescribed some medicines as if he is a doctor having qualification of MBBS D Ortho. It has also been mentioned in the said letter head that OP NO.2 is the ex-doctor of Chittoranjan Hospital, Kolkata.
On perusal of paper cutting of news paper Reshmi Bengal dated 10.10.2018 and Bartaman dated 10.10.2018, we find that police of Hanskhali P.S. arrested the OP No.2 with the allegation that he is a fake doctor. He falsely disclosed himself as medical practitioner having qualification M.B.B.S. D Ortho.
On perusal of letter of Mr. Manas Chakraborti Registrar West Bengal Medical Council and State Public Information Officer dated 12.12.2018, we find that he stated in his letter that there is no doctor in the name of Mrintunjoy Mohalder (OP No.2) Registered with West
(4)
Bengal Medical Council. From the aforesaid discussion, it is clear before us that OP NO.2 is not to the Medical Practitioner having qualification M.B.B.S. D Ortho and he has no authority to treat any patient.
Complainant alleged that he had suffered complications and non-continuous pain after having the medicine of OP NO.2 who has been established as fake doctor.
On perusal of prescription of Dr. T. Dutta Roy, we find that due to aforesaid complications complainant was immediately took shelter of said doctor and continued his treatment before him till 28.09.2018. He was also treated before R.G. Kar Medical College and Hospital and Sri Narayani Hospital and Research Centre, Thirumalaikodi, Sripuram, Vellore as an indoor patient for the period from 01.10.2018 to 04.10.2018 and operation was done there.
Having regard to the aforesaid discussion, it is clear before us that complainant has suffered due to the treatment of OP No.2 who is not a medical practitioner at all as a result complainant suffered with severe consequences and compelled to take shelter before the Dr. T. Dutta Roy, R.G.Kar Medical College and Sri Narayani Hospital and Research Centre.
During hearing Ld. Advocate for the OP NO.1 argued that he has no connection in the aforesaid allegation and he is totally innocent. He further stated that in the house of OP NO.1, OP No.2 used to sit and he continued the treatment. So he is not liable in any manner.
We have stated earlier that OP No.2 is not a medical practitioner. He treated the patient as if he is a practitioner having degree M.B.B.S. D Ortho.
It is fact that OP NO.1 is a renowned pharmacy and he allowed the OP NO.2 to sit in his pharmacy and as a result it has created faith in the mind of local patient including the complainant. Complainant felt that OP NO.2 is a renowned doctor after seeing his nameplate and letterhead /pad. So OP No.1 cannot claim himself as on innocence. It cannot be safely said that OP NO.1 is not involved in the aforesaid illegal act of the OP No.2 and his activities cannot be considered as an innocence. It was his moral duty before allowing the OP NO.2 to continue treatment to check up his medical qualification. If he did not do the same it is the latches on his part. On the basis of such latches he cannot claimed himself as innocence. However, the degree of liability of OP NO.1 is lesser than the OP No.2.
Having regard to the aforesaid discussion it is clear before us that complainant has established his grievance before this Commission and he is entitled to relief as per his prayer.
(5)
In the result present case succeeds.
Hence,
It is
Ordered
that the present case be and the same is allowed on contest against OP No.1 and allowed ex-parte against OP NO.2 with cost of Rs.10,000/-(Rupees Ten thousand) to be paid by the OP No.1 & 2 in equal share in favour of the complainant.
OP No.2 is directed to pay compensation amounting to Rs.2,00,000/- (Rupees Two lakh) in favour of the complainant for his harassment, mental pain, bodily pain, sufferings, physical pain and agony within one month from this day failing which aforesaid amount shall carry interest @ 9% per annum from this day to till the date of actual payment failing which complainant shall have liberty to put this order execution.
OP NO.1 is directed to pay Rs.20,000/-(Rupees Twenty thousand) as compensation in favour of the complainant for his harassment mental pain bodily pain physical harassment and agony within one month from this day failing which aforesaid amount shall carry interest @ 9% per annum from this day to till the date of actual payment failing which complainant shall have liberty to put the order into execution.
Let a copy of this judgment be supplied to both the parties as free of costs.
Dictated & corrected by me
............................................
PRESIDENT
(Shri DAMAN PROSAD BISWAS,) ..................... ..........................................
PRESIDENT
(Shri DAMAN PROSAD BISWAS,)
We concur,
........................................ .........................................
MEMBER MEMBER
(NIROD BARAN ROY CHOWDHURY) (MALLIKA SAMADDAR)
