State Consumer Disputes Redressal Commission
Niru Indoria vs Zenith Super Specialist Hospital & ... on 5 March, 2020
Cause Title/Judgement-Entry STATE CONSUMER DISPUTES REDRESSAL COMMISSION WEST BENGAL 11A, Mirza Ghalib Street, Kolkata - 700087 Interlocutory Application No. IA/1199/2019 ( Date of Filing : 09 Dec 2019 ) In Complaint Case No. CC/177/2016 1. Niru Indoria W/o Lt. Mukul Indoria, Govt. Quarter, Block no.6, Flat no.31, 9, B.T. Road, P.S. Belghoria, Kolkata- 700 056 ...........Appellant(s) Versus 1. Zenith Super Specialist Hospital & Another 9/3, Feeder Road, Rathtala, P.S. Belghoria, Kolkata- 700 056. ...........Respondent(s) BEFORE: HON'BLE MR. JUSTICE ISHAN CHANDRA DAS PRESIDENT HON'BLE MRS. SAMIKSHA BHATTACHARYA MEMBER For the Appellant: Ms. Tanusree Dhar, Advocate For the Respondent: Ms. Binota Roy, Advocate Dated : 05 Mar 2020 Final Order / Judgement
HON'BLE JUSTICE ISHAN CHANDRA DAS, PRESIDENT This is to consider an Interlocutory Application filed by the complainant of CC/177/2016 where the complainant claiming herself to be the widow of the victim of medical negligence applied for an order seeking Experts' opinion in the field of treatment of her husband who died on 29-04-2015, being a victim of a road traffic accident.
Heard Ld. Counsel for the applicant and the OPs herein. A formal objection has been raised by the OPs but considering the facts and circumstances and for determining the question in controversy between the parties we are of firm opinion that the opinion of Medical Experts is necessary to determine the issue involved herein and accordingly we allow the interlocutory application (IA/1199/19) and request the Superintendent of Kolkata Medical College and Hospital to form a committee of Experts in the field of treatment of the victim and to examine the papers of treatment in the light of the allegations brought by the complainant against the OPs regarding 'medical negligence' and 'deficiency in service' in the treatment of her husband. Let a copy of this application coupled with the petition of complaint and the written version filed by the OPs and other related documents concerning the treatment of the victim be sent to the Superintendent of the Kolkata Medical College and Hospital along with a copy of this order requesting him to form the Board for examination of the documents and papers concerning allegations of the complainant. The complainant/petitioner is directed to supply a copy of the above noted documents and to file it before the Registrar of this Commission for sending those documents to the Superintendent concerned for obtaining the opinion of the Experts in the field. To 12-03-2020 for filing documents by the complainant and to 12-06-2020 for report of the Experts' committee. The documents filed by the complainant, as directed, shall be sent to the Superintendent of concerned Hospital immediately, after filing of the same. [HON'BLE MR. JUSTICE ISHAN CHANDRA DAS] PRESIDENT [HON'BLE MRS. SAMIKSHA BHATTACHARYA] MEMBER