DIST. CONSUMER  DISPUTES  REDRESSAL  FORUM

NORTH 24 Pgs., BARASAT.

M. A. NO-10/2019

C.C. No-190/2010

Date of Filing:                                                                                                Date of Disposal:

07.01.2019                                                                                                        11.01.2019

Complainant:-               1.       Sri Anup Kumar Dhar

Son of Late Anindya Sundar Dhar

aged about 52 years

by religion Hindu

by occupation legal practitioner

residing at

Pioneer Park, (Lichutala)

P.O and P.S- Barasat

Dist- North 24 Parganas,

West Bengal            

=Vs=

Opposite Parties:-         1.       Bhattacharyya Orthopaedics and

Research Center (Pvt.) Ltd.

having its office and clinic at

Narayanpur, Gopalpur,

P.S- Rajarhat, Dist- North 24 Parganas,

Kolkata- 700136

2.       Dr. Subhro Bhattacharyya

3.       Dr. Sailendra Bhattacharyya

both are Orthopaedic Surgeons attached

to Bhattacharyya Orthopaedics and

Related Research Center (Pvt.) Ltd.

Situated at Narayanpur, Gopalpur,

P.S- Rajarhat, Dist- North 24 Parganas

Kolkata- 700136

PRESENT :-       Sri. Bankim Chandra Chattopadhyay………..…..President.

:-       Smt. Silpi Majumder  ……………………………Member.

:-         Smt. Monisha Shaw …………………………………….Member.

Order No- 64

This order is arising out of the MA being no-10/2019 filed by the OP-2 in the CC no-190/2010 praying for expunging the name of the OP-3 from the cause title of the complaint, since deceased during pendency of this complaint.

Cont………….2

:2:

In the application it is stated by the OP-2 that the OP-3-Dr. Sailendra Bhattacharya died on 18.07.2018 during pendency of this complaint. Under this circumstances the OP-2 has prayed for expunging the name of the OP_3 from the cause title of this complaint. According to the OP-2 if this prayer is not allowed the OP-2 will suffer irreparable loss and injury and prayer is made by the OP-2 for allowing this application.

Copy of this application has duly been received by the Complainant, who did not raise any objection against such prayer, rather it is submitted by the Complainant that he has no objection if the Ld. Forum will allow the prayer of the OP-2.

We have perused the application and the death certificate annexed with this application. It is seen by us that admittedly during pendency of this complaint the OP-3 had expired on 18.07.2018. As against dead person order/judgment cannot be passed and moreover being the case of medical negligence the name of the OP-3 cannot be substituted by his legal heirs as regarding medical service no liability casts upon the shoulder of the legal heir of the deceased. Hence as there is substance in the prayer of the OP-2, in our considered view the same should be allowed.

Hence it is ordered that the MA being no-10/2019 is hereby allowed on contest without any cost. The Complainant is directed to submit amended complaint showing expunging the name of the OP-3 from the cause title of the petition of complaint.

Fix ……………….for filing the amended complaint by the Complainant without any fail.

Let plain copy of this order be given to the parties free of cost as per the provision of the CPR, 2005.        

Member                                              Member                                                         President

Dictated & Corrected by