State Consumer Disputes Redressal Commission
Amir Ali Mondal vs Dhanyakuria Block Unnito Prathamik ... on 24 March, 2017
Cause Title/Judgement-Entry STATE CONSUMER DISPUTES REDRESSAL COMMISSION WEST BENGAL 11A, Mirza Ghalib Street, Kolkata - 700087 Revision Petition No. RP/101/2015 (Arisen out of Order Dated 20/03/2015 in Case No. Complaint Case No. CC/136/2013 of District North 24 Parganas) 1. Amir Ali Mondal S/o, Lt. Monammad Ali Mondal, Vill & P.O - Begampur, P.S - Basirhat, Dist - North 24 Pgs, Pin - 743 437. ...........Appellant(s) Versus 1. Dhanyakuria Block Unnito Prathamik Swastha Kendra Swastha Kendra (BPHC, Dhanyakuria), Vill & P.O - Dhanyakuria, P.S - Basirhat, Dist - North 24 Pgs, Pin - 743 437. 2. DR. Monoj Kumar Murai Dhanya Kuria, Block Unnito Prathamik Swastha Kendra, P.O - Dhanyakuria, P.S - Basirhat, Dist - North 24 Pgs, Pin - 743 437. 3. DR. (Mrs.) Sarbari Roy (Biswas) Vivekananda Road, P.O & P.S - Barasat, Kolkata - 700 124. 4. The Registrar, West Bengal Medical Council. 8, Lions Range, 3rd Floor, Kolkata - 700 001. 5. The Superintendent, Basirhat Sub Divisional Hospital. Badartala, P.S - Basirhat, Dist - North 24 Pgs. ...........Respondent(s) BEFORE: HON'BLE MR. JUSTICE ISHAN CHANDRA DAS PRESIDENT HON'BLE MR. TARAPADA GANGOPADHYAY MEMBER For the Petitioner: Mr. Avijit Gope Mr. Amalendu Das , Advocate For the Respondent: None appears Dated : 24 Mar 2017 Final Order / Judgement
ISHAN CHANDRA DAS, HON'BLE PRESIDENT This Revisioned Application (being RP/101/2015) has been filed questioning the propriety of the order being Order No. 46 dated 20.03.15 passed by Ld. District Consumer Disputes Redressal Forum North 24 Parganas, Barasat, in connection with CC No. 136/2013. The original complaint case being CC/136/2013 was filed before the Ld. District Consumer Disputes Redressal Forum, North 24 Parganas claiming compensation for professional misconduct and violation of professional ethics , mental agony and pain due to the negligence in the treatment of the Revisionist herein who happened the father of victim Renubibi. The Victim (Renubibi) was admitted to Dhanyakuria Block Unnito Prathomic Swasths Kendra (BPHC) Dhanyakuriya , Bashirhat as a patient under the OP No. 3 of the claim case and she was admitted for delivery at the advanced stage of her pregnancy and consequently she delivered a living male child but ultimately the mother / victim succumbed due to the post delivery complications arose in course of such delivery. The Revisionist herein in course of trial, as it appears from the averments of the Revisional application dated 16.07.15. (RP/101/2015) in order to establish his contentions filed an application before Forum concerned for cross examining the OP No. 2 but Ld. Forum below did not favourables consider his prayer and rejected the same with certain observations.
The Revisional application was filed questioning the propriety of the order on the ground that Ld. Forum concerned failed to exercise the jurisdiction vested in it by law and has acted in exercise of its jurisdiction illegally and / or with material irregularity. But the fact remains that the proceeding under the Consumer Protection Act 1986 is virtually a summary procedure for giving prompt reliefs to the Consumers and the stage of recording evidence by calling the witnesses to the witness box and cross examining them , as it is done in the regular courts, is not permissible in case of trial under the Consumer Protection Act . Hon'ble National Commission in Dr. Uttam Kumar Samanata - vs- Bharti Airtel Ltd., and Ors. reported in 2014 (3) CPR 664 (NC) categorically held the above and in the back-ground, taking into consideration the legal position over the matter, we find no substance in the argument as advanced by the Ld. Counsel for the Revisionist . Hence, the order impugned does not require any interference and it stands up-held . We make no order as to costs. Let the copy of this order be sent to the Ld. Forum concerned at once for further proceeding of the complaint case being CC /136/2013 . Parties to appear before the Ld. Forum concerned by 26.04.2017 . The Revisional application being RP/101/2015 is thus disposed of. [HON'BLE MR. JUSTICE ISHAN CHANDRA DAS] PRESIDENT [HON'BLE MR. TARAPADA GANGOPADHYAY] MEMBER