State Consumer Disputes Redressal Commission
Shri Pijush Kanti Bhowal vs Fortis Hospital on 5 December, 2025
STATE CONSUMER DISPUTES REDRESSAL COMMISSION
WEST BENGAL
CONSUMER COMPLAINT NO. SC/19/CC/934/2017
Shri Pijush Kanti Bhowal
PRESENT ADDRESS - S/o Lt. Basumati Bhowal, 1/15, Naskar Para Road, Santoshpur, Kolkata -
700 075.,WEST BENGAL.
.......Complainant(s)
Versus
Fortis Hospital
PRESENT ADDRESS - 730, Anandapur, EM Bypass Road, Kolkata - 700 107.,WEST BENGAL.
Dr. Gouri Shankar Bhattacharyya, M.D(Gen. Med), D.N.B.E, MD(Trop Med), MRCP(London),
PH.D(Glasgo), Med Oncology
PRESENT ADDRESS - 730, Anandapur, EM Bypass Road, Kolkata - 700 107.,WEST BENGAL.
.......Opposite Party(s)
BEFORE:
HON'BLE MR. AJEYA MATILAL , JUDICIAL MEMBER
HON'BLE MRS. MRIDULA ROY , MEMBER
FOR THE COMPLAINANT:
In-Person (Advocate)
FOR THE OPPOSITE PARTY:
Ved Sharma (Advocate)
DATED: 05/12/2025
ORDER
Hon'ble Mr. Ajeya Matilal, Presiding Member Complainant is present in person.
Ld. Counsel for OP no. 1 is present and files annexure of BNA, copy served.
Today is fixed for final hearing.
Heard both sides in full and at length.
This complaint case being no. CC/934/2017 is filed u/s 17 of C.P. Act, 1986 alleging negligence in treating the mother of the complainant on the part of OP no. 1 Hospital and OP no. 2 the treating physician. Subsequently, the OP no. 2 was expunged, since he had died.
This complaint cased is valued at Rs. 20,00,000/-.
The fact of the is in short is that the complainant's mother Late Basumati Bhowal was admitted in Fortis Hospital due to illness on 14.01.2015. She was initially placed under Dr. Ramesh Agarwalls, Gastroenterologist and was discharged on 24 th January, 2015 and thereafter as she was diagnosed as a patient of carcinoma she was admitted under Dr. Gouri Shankar Bhattacharyya, M.D. (GEN MED), D.N.B.E., MD (Trop Med), MRCP (London), PH.D, (Glasgo), Med Oncology. Admission of the details has been given in page 3 of the petition of complaint. After that the condition of the patient was deteriorating under Dr. Bhattacharyya's treatment. On 28.09.2015 the complainant got her mother admitted in Ruby General Hospital to cross check the treatment administered at Fortis Hospital and she remained admitted there up to 13.10.2015. The hospital at countered the opinion of Fortis Hospital (Medical reports attached as annexure F). As per a Lab report of Ruby General Hospital dated 08.10.2015 there was no malignancy found in the complainant's late mother for which Fortis Hospital was treating. The complainant reported about the Ruby General Hospital's findings to Doctor Gouri Shankar Bhattacharyya. The complainant stated that the hearing about Ruby General Hospitals findings Dr. Bhattacharyya got furiated and challenged if anybody can prove him wrong and on his insistence the complainant had again shifted his mother to Fortis Hospital on 21.10.2015 thinking that Dr. Gouri Shankar Bhattacharyya has so many medical degrees and also he was engaged in a renowned hospital like Fortis and he could not be wrong. The condition of the complainant's mother further deteriorated and all of her organs failed to work probably due to wrong treatment and on the advice of Hospital the complainant got her mother discharged on 05.11.2015 and the Hospital expressed that there was no hope of her recovery.
There was a written final Diagnosis "Carcinoma of Breast Stage IV with metastasis to vertebral and pelvic bone and pathological fracture right clavicle regional hymphadenopathy".
The complainant surprisingly came to know that the said renowned hospital engaged Dr. Gouri Shankar Bhattacharyya but has only "MBBS Degree and thrusting patients to him to die."
According to the complainant due to wrong treatment and wrong diagnosis his mother died on 14.11.2015.
It is the specific allegation made by the complainant that the OP Hospital engaged the said doctor for treating his mother a patient of carcinoma though the said doctor did not possess the requisite qualification which amounts to negligence on the part of the OP.
So the complainant prayed for compensation of Rs. 30,00,000/- and litigation cost of Rs. 30,000/- and the complainant also lodged FIR.
The cause of action of the complaint case arose on 14.11.2015.
Respondent no. 1 contested the case by filing W.V. According to the W.V. the patient expired on 14.11.2015 but the case was filed on 15th December, 2017 and it was filed after expiry period of 2 years.
Our attention was drawn to the reply from the West Bengal Medical Council response to an application under RTI Act. It appears from the reply no. (iii) "We find from our records that Dr. GS Bhattacharya, Registration No. 42490 has qualification MBBS, MD (Tropical Med). Thereafter, Dr. GS Bhattacharya has not approached W.B Medical Council for registration of any other qualifications which he claimed to have acquired from India and or abroad."
(iv) "Hence, we may conclude by saying that Dr. GS Bhattachaya, with his qualification, as recorded with WBMC i.e. MBBS, MD (Tropical Med), cannot justify that he is an Oncologist and treat carcinoma patients, as per Code of Medical Ethics of Medical Council of India".
Our attention was drawn to para (ii) "We informed you vide our Memo dated 04.12.2018 that an MBBS doctor should not treat a cancer patient unless he / she has special qualification in that Branch as per Section 7.20 of Code of Medical Ethics Regulations, 2002, of Medical Council of India (Annexure H)."
It is submitted by the Ld. Advocate for the OP no. 1 that the cancellation of Dr. Gouri Shankar Bhattacharyya was cancelled in November, 2017 but the treatment was done in the year 2015. Our attention was drawn to page 140 of the W.V. (annexure J) wherefrom it appears that the certificate was given from the Royal College of Obstetricians and Gynaecologists that the Dr. Gouri Shankar Bhattacharyya was an associate of the Royal College of Obstetricians and Gynaecologists.
Our attention was drawn to certificate dt. 01.10.2008 issued by American Society of Clinical Oncology wherefrom it appears that Dr. Bhattacharyya demonstrated an especial interest in the diagnosis treatment and care of the patient with cancer.
Our attention was drawn to certificate of Membership dt. 19th January, 2012 in respect of International Society of Geriatric Oncology to the effect that Dr. Gouri Shankar Bhattacharyya, MD, PhD has been a member of the society since 2007.
Our attention was drawn to page 150 of the W.V. It is a document of Membership of the European Association for Cancer Research.
At page 153 we find that HIPAA Certificate of Training Completion issued by Wisconsin University.
Ld. Advocate for the OP submits that the said Doctor had furnished the said documents with the OP Hospital considering which the said Hospital appointed him as oncologist.
Heard all concerned. Considered.
Considering the facts and circumstances and on the hearing of the submission of both sides and examined the documents in course we find that the Doctor concerned has requisite qualification for treating a cancer patient at the relevant point of time, so we did not find any merit in the instant case. Accordingly, the complaint case being no. CC/934/2017 is dismissed on contest. There shall be no order as to the costs.
Let the copy of this order be made available to the parties concerned without cost.
..................
AJEYA MATILAL JUDICIAL MEMBER ..................
MRIDULA ROY MEMBER