State Consumer Disputes Redressal Commission
Shri Sukanta Mallick vs Eco Hospital And Diagnostics ( Unit Of ... on 6 February, 2020
Cause Title/Judgement-Entry STATE CONSUMER DISPUTES REDRESSAL COMMISSION WEST BENGAL 11A, Mirza Ghalib Street, Kolkata - 700087 Interlocutory Application No. IA/7/2020 ( Date of Filing : 03 Jan 2020 ) In Complaint Case No. CC/126/2015 1. Shri Sukanta Mallick S/o Sujit Mallick, Vill. & P.O. Thakurnagar, P.S.- Gaighata, Dist. North 24 Pgs., Pin-743 287. ...........Appellant(s) Versus 1. Eco Hospital and Diagnostics ( Unit of Econo Medical Pvt. Ltd.) & aAnother 111/1, Kazipara, Jessore Road, Barasat, Kolkata - 700 124. ...........Respondent(s) BEFORE: HON'BLE MR. JUSTICE ISHAN CHANDRA DAS PRESIDENT HON'BLE MRS. SAMIKSHA BHATTACHARYA MEMBER HON'BLE MR. SHYAMAL KUMAR GHOSH MEMBER For the Appellant: None appears For the Respondent: Mr. Soumen Mondal, Advocate Dated : 06 Feb 2020 Final Order / Judgement
HON'BLE MR.JUSTICE ISHAN CHANDRA DAS,PRESIDENT This Interlocutory Application has been filed by the complainant of CC/126/2015 where the complainant prayed for a direction of sending the records of treatment in respect of the new born baby of Pampa Mallick at the OP/Hospitals. Ld. Counsel appearing for the complainant urged that the doctors of the OP and the Authority of the hospital were responsible for the death of the baby by not giving proper treatment to him and for ascertaining the degree of negligence or deficiency in service, the matters should be sent to any Government Hospital for obtaining experts' opinion in the field. Since the complainant is alleging medical negligence and prayed for huge amount of compensation under different heads, it should be proper to send the records of treatment and other allied documents for examination by experts' committee in the field. Hence we allow the application and feel it proper to send the petition of complaint, written version, Interlocutory Application and all the treatment papers and PM report to the Superintendent of NRS Medical College & Hospital, Kolkata for giving experts' opinion. We, therefore, request the Superintendent of NRS Medical College & Hospital to form a Board of experts in the field for examination of all the documents and treatment papers, as referred to earlier and to give the experts' opinion about the allegations brought against the OPs and to ascertain whether they were negligent in treating the patient or there was any deficiency of service, if any and to report this Commission by 31-03-2020. [HON'BLE MR. JUSTICE ISHAN CHANDRA DAS] PRESIDENT [HON'BLE MRS. SAMIKSHA BHATTACHARYA] MEMBER [HON'BLE MR. SHYAMAL KUMAR GHOSH] MEMBER