ORDER NO. 4 DT. 29.4.11

HON’BLE JUSTICE MR. P.K.SAMANTA, PRESIDENT

Revisionist through Mr. A.K.Sil and OP No. 2 through Mr. P.Sadhukhan, Ld. Advocates, are present.  OP No. 1 is absent on calls.  Heard the Ld. Advocates.  Judgement is passed as under :-

This Revisional Application is directed against the order dt. 11.8.10 passed by Calcutta District Consumer Disputes Redressal Forum, Unit-I, Kolkata, in Case No. 293 of 2009.  By the said order the Forum below has observed that in view of the charge sheet dt. 2.12.09 issued by the West Bengal Medical Council there is no impediment to proceed with the complaint case filed by the complainant in relation to medical negligence.  It has been submitted on behalf of the Revisional Petitioner that since the medical opinion that was sought for by the Forum below has already been received by the Forum, so the impugned order cannot be sustained.  Having regard to the fact that the District Forum has decided to proceed with the complaint case relating to the medical negligence, if there be any, upon being satisfied about the prima facie case made out by the complainant, we are of the view that there has not been any illegality and/or infirmity in taking into consideration the aforesaid charge sheet as the prima facie case for proceeding with the complaint case that was initiated by alleging medical negligence by the OPs.  We, therefore, do not find any cause for interference with the impugned order in exercise of revisional jurisdiction.  The Revisional Application is accordingly dismissed.