Hon’ble Mr. Ajeya Matilal, Presiding Member

Both sides are present through their respective Ld. Counsels.

Heard the Ld. Counsels for both sides.

Being aggrieved by and dissatisfied with the Judgment dated 28.09.2021 passed in DCDRC, Kolkata, Unit-II (Central) in complaint case No. CC/291/2021 rejecting the complaint, the Appellant/Complainant preferred this Appeal.

Ld. Commission below in the impugned Order observed:-

“Having heard the Ld. Advocate for the complainant and on perusal of the contents of the petition of the complaint coupled with documents annexed thereto, we find that the complainant was admitted to OP-I Mediview Nursing Home (P) Ltd. at 74, Broad Street, Kolkata-700019 with diarrhea and dehydration and discharged on 21.03.2021 at 1.58 PM.  The OP-I raised bills and the complainant paid such bills amount.  We also do not find any deficiency in service and/or unfair trade practice on the part of the OP-I.  Treatment was given against money as the OP-I is a private nursing home.

It is also true that the complainant took test of Covid-19 at OP-2 Nightingale Hospital, Kolkata and the Hospital Authority mentioned the age of the complainant as 25 instead of 75.  The complainant did not claim any relief against the OP-2 Nightingale Hospital, Kolkata and in the cause title of the complaint OP-2 has been implicated as Proforma OP.

In view of the above observation, we are not inclined to admit the complaint and the complaint is liable to be rejected.

Hence,

Ordered

That the complaint is rejected without any cost.  The complainant may agitate his grievance before the competent authority”.

The complainant got admission in Nursing Home concerned, Opposite Party No.1 raised bills and the Complainant paid the billed amount.  But this reason is not enough to dismiss any complaint regarding medical negligence on their part.  In reply Ld. Counsel for the Respondent submitted that it would be  revealed from the medical documents that the age of the patient was wrongly mentioned only in one report.  However, we find there was also prayer for compensation for mental agony and litigation cost but such prayer was not against Opposite Party No.2 who prepared the report. 

So, we are of the view as the Complainant is willing to contest the case and as the case was nipped in the bud, so an opportunity should be given to the Complainant.

In view of above observation, the Appeal deserves to be allowed.

Hence, it is

O R D E R E D

The Appeal being No. A/92/2021 is allowed on contest without costs.

The complaint case being No.CC/291/2021 of District Kolkata-II stands admitted.

Parties are directed to appear before the Ld. District Commission below on 17.01.2025 and the Ld. Commission below will dispose this case as early as possible without being influenced by any observation made by this Commission.

Statutory period for filing W/V shall be counted from 17.01.2025.

Let free copies of this Order be given to both the parties.

Thus, Appeal being No. A/92/2021 stands disposed of.

Note accordingly.