Order Date: 27.09.2022.
Complainant files hazira. OP No.2 files hazira. Other OP also files hazira.
The OP No.1 on 12.02.2019 has filed an application supported by an affidavit praying for disposing the complaint with cost on the ground that the cause of action accord on 01.03.2015 when the wife of the complainant discharged from the Vivekananda Hospital Pvt. Ltd. Durgapur after operation of Lap Cholecystectomy, but this complainant filed this complaint on 26.11.2018 i.e. after 3 years 8 months more or less and so this case is barred by limitation because no objection raised by the complainant regarding the said operation within 2 years after operation. He also submitted that the complainant is made the complaint for getting the undue advantage on ground of the limitation in connection with the said case and as the said case is not maintainable and stands to be rejected according to the Section 24A of the Consumer Protection Act 1986. The copy of the petition was served to the complainant. Complainant has filed written objection against M.A. being No. 18/2019 not against the M.A. being No. 16/2019. But it is understand that it may be the written objection against the M.A. Case being No. 16/2019.
The Ld. Advocate for the complainant vehemently opposed the prayer of the OP No.1 of M.A. Case being No. 16/2019 and stating that the death of the wife of the complainant is directly related to negligence of the doctor who treated the tissues of gallbladder. And as such, date of death of wife of the complainant is definitely the cause of action whether or not such death and on such date is preceded by events which are spanning a period of more than 2 years. The complainant also speaks about further visit by the patient and also further consultation by or on behalf of the patient in and with the OP No.1 and its doctors and others concerned staffs even after 01.03.2015. Such visits and consultations remain continued and were indicated to the gallbladder operation. Upon this background he prayed for dismissal of the petition for non-maintainability of the case in M.A. being No. 16/2019.
Perused the case record including the M.A. Case being No. 16/2019 and objection and complaint as well as documents. It appears that the case has been filed on 20.11.2018 and the complaint disclosed the cause of action lastly arose on 23.11.2016, when the wife of the complainant expired and said cause arose at Vivekananda Hospital Durgapur with the jurisdiction of this Commission. The discharge certificate issued by the OP No.1 showed that the wife of the complainant Mrs. Shyamaly Dutta, was admitted there on 20.02.2015 at 9.28 a.m. and discharged on 01.03.2015 at 8.00 a.m. after gallbladder operation and on 16.03.2015 she was again treated in the same Hospital (OP No.1). And from the certificate of death issued by Anandalok Charitable Hospital, Ranigange, Burdwan disclosed that she was admitted there on 22.11.2016 and date of death was on 23.11.2016 and the same certificate disclosed that cause of death was Cardio-respiratory failure in a case of acute Pancreatitis and Septisemia of M.O.F (multi organ failure). The copy of death certificate also shows the wife of the complainant died on 23.11.2016.
The case of the complainant disclosed that the patient was discharged on 01.03.2016 after underwent Lap Cholecystectomy on 20.02.2015 in the Vivekananda Hospital Pvt. Ltd. Durgapur (OP No.1). The discharge certificate also disclosed that she was admitted there on 20.02.2015 and was discharged on 01.03.2015. The certificate of death issued by Anandalok Charitable Hospital, Raniganj, Burdwan disclosed that she was admitted on 22.11.2016 and date of death was 23.11.2016. The prescription date 16.03.2015 disclosed that the wife of the complainant again was treated in the OP No.1. Since 16.03.2015 up to 22.11.2016 no paper is forthcoming on behalf of complainant regarding condition of the patient and since 16.03.2015 the wife of the complainant did not visit the OP No.1 by any complication after underwent Lap Cholecystectomy and no paper is forthcoming from the side of the complainant issued by Anandalok Charitable Hospital as to why she was admitted on 22.11.2016 there. On the other hand the certificate of death dt. 23.11.2016 issued by Anandalok Charitable Hospital disclosed that cause of death was Cardio-respiratory failure in a case of acute Pancreatitis and Septisemia of M.O.F.
Acute disease means it appears suddenly within 3 weeks and needs immediate treatment. It has no relevant connection with a few years old causation. In the instant case the wife of the complainant was discharged on 01.03.2015 from OP No.1 and again on 16.03.2015 she was treated and since then there is no paper to shown that she was suffering any complication within 3 weeks from 16.03.2015.
Therefore, if any allegation is to be made against the OPs of this case the limitation to lodge the complaint runs from the date of 16.03.2015. And according to Section 24A of the Consumers Protection Act, 1986 the said complaint shall be lodged within 2 years from 16.03.2015. Herein the case had been lodged on 20.11.2018 beyond the statutory period of limitation as per Section 24A of the Consumers Protection Act, 1986 and there is no such prayer for condonation of delay.
Under the above facts and circumstances we are of opinion that the case is not maintainable in Law.
Hence, it is
ORDERED
that this M.A. Cases being Nos. 16/2019 be and the same is allowed on contest but without any cost.
The C.C. No. 195/2018 is not maintainable in Law.
Let a copy of this order be given to the parties on free of cost.
Dictated & corrected by me.
President President
D.C.D.R.C , Purba Bardhaman. D.C.D.R.C , Purba Bardhaman.
Member Member
D.C.D.R.C , Purba Bardhaman. D.C.D.R.C , Purba Bardhaman
