West Bengal

StateCommission

IA/93/2019

The Institute of Neuroscience, Kolkata - Complainant(s)

Versus

Manisha Biswas - Opp.Party(s)

Mr. Amit Kr. Saha

17 Apr 2019

ORDER

STATE CONSUMER DISPUTES REDRESSAL COMMISSION
WEST BENGAL
11A, Mirza Ghalib Street, Kolkata - 700087
 
Interlocutory Application No. IA/93/2019
( Date of Filing : 31 Jan 2019 )
In
Complaint Case No. CC/283/2013
 
1. The Institute of Neuroscience, Kolkata
185/1A, A.J.C. Bose Road, Kolkata - 700 017.
...........Appellant(s)
Versus
1. Manisha Biswas
Widow of Late Mrityunjoy Biswas, Vill. & P.O. Maynapur, Dist. Bankura Local Address, C/o Tapas Midya, 5, Sarat Chandra Road, Kolkata -700 008.
...........Respondent(s)
 
BEFORE: 
 HON'BLE MR. JUSTICE ISHAN CHANDRA DAS PRESIDENT
 HON'BLE MR. SHYAMAL KUMAR GHOSH MEMBER
 
For the Appellant:Mr. Amit Kr. Saha, Advocate
For the Respondent: Mr. Subhodip Majumder, Ms. Sabarni Midya, Advocate
Dated : 17 Apr 2019
Final Order / Judgement

HON’BLE MR.JUSTICE ISHAN CHANDRA DAS,PRESIDENT

       This Interlocutory Application has been filed at the instance of the OP no. 5 of the complaint case in CC/283/2013 where said OP no. 5 prayed for a direction for sending the medical documents supplied by the OP no. 5/petitioner herein to any Government College and Medical Hospital in Kolkata for expert’s opinion regarding service as provided by the petitioner/OP no. 5. This is a complaint of medical negligence and deficiency in service against the OPs where the petitioner of IA/93/2018 applied for the above direction to ascertain whether there was a medical negligence on its part. Such prayer was not opposed by any of the parties including the complainant herself. Regard being had to the facts of the case and the allegations brought against the OPs herein we are of the view that such “opinion of experts” were necessary for determining the questioning in controversy between the parties. Accordingly we allow the petition being IA/93/2018 and request the Superintendent of Medical College for forming a Board of Experts in the field for examination of the documents supplied in connection with this proceeding and to give their opinion regarding medical negligence or deficiency in service, if any and to report by 09-07-2019. The OP no. 5/petitioner herein is directed to contact our office for supplying the relevant documents for examination by the Expert Committee as stated earlier.

 
 
[HON'BLE MR. JUSTICE ISHAN CHANDRA DAS]
PRESIDENT
 
[HON'BLE MR. SHYAMAL KUMAR GHOSH]
MEMBER

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