HON’BLE MR.JUSTICE ISHAN CHANDRA DAS,PRESIDENT

          This Appeal U/s 15 of the C.P.Act, 1986 has been directed against the judgement and order dated 27.6.2018 passed by ld. D.C.D.R.F., Kolkata Unit III in C.C. 543 of 2017 where ld. Forum concerned while disposing of the said Complaint Case dismissed it on contest against the Op No.1 and exparte against OPs No. 2,3 and 4. Being aggrieved by such order of dismissal the present Appeal has been preferred by the Complainant against the OPs of C.C. 543 of 2017 i.e. N.H.Rabindra Nath Tagore International Institute of Cardiac Sciences, Mukundupur.

          Briefly stated, the case of the Complainant  (and hereinafter referred to as the Complainant) was that  the Complainant Mrs. Sangita Saha a practitioner of Alipur Court slipped and fell down from the stair-case of the Court building on 2.7.2016 at about 11.30 a.m., sustained injury on her left ankle and back portion of her body  and went to the OP NO.1 Hospital for treatment at about 1.52 p.m. , completed all the formalities for enlisting her name and was waiting for her turn. As she was suffering from unbearable pain she approached for emergency ward where she met Dr. Utpal who was in charge of the Emergency ward at that time and after due consultation , the petitioner was sent to observation room under one Dr.Baisakhi Roy  who came and enquired about her cause of injury and said Dr. Baisakhi Roy took instruction from one Dr. Soumoy Chakraborty over phone , administered three injections and left the petitioner in the observation room. Later on Dr. Soumoy Chakraborty visited the observation room and enquired about the cause of  injury , inspected the complainant’s treatment sheet but could not give any opinion. His opinion was kept reserved till receipt of diagnostic test reports. The parents of the complainant went to the reception and came to know that hospitalization of the patient was necessary for diagnostic tests and treatment. Thereafter, at about 4.42 p.m. the complainant was admitted in the hospital of the OP NO.1 and was confined in the observation room without performing the diagnostic tests. Thereafter, when the parents of the patient enquired of time of treatment and examination of the patient , the concerned staff of the OP NO.1 was reluctant to reply though the complainant was suffering from seriously bodily pain. Finally at about 7.30 p.m. the complainant was taken to diagnostic examination and after examination nothing serious was detected and the parents of the complainant was enquired what would be the next course of treatment for her. But the patient party was kept waiting for a long time with anxiety  and patient was finally released at about 11 p.m., after issuing inflated medical bill without parity with her treatment. The patient party had to suffer mental pain, agony and harassment whereas the patient suffered from bodily pain for a pretty long time due to the negligent acts of the staff/members of the Opposite parties. The complainant sent representation on 4.7.2016 to the Officer-in-charge of Purba Jadavpur Police Station and Opposite Party Nos. 1 to 4 alleging negligence in the process of rendering treatment to the Complainant and also sent representation to the Superintendent of the OP No.1 seeking clarification for not providing proper medical assistance immediately, called for explanation for committing such delay in carrying out diagnostic tests but no reply came from the Authority concerned. The Complainant claimed that the Authority of the Hospital failed and neglected to discharge their duties and thus rendered deficiency in service to the Complainant causing serious pain and mental agony but inaction on the part of the Opposite Parties even after notice prompted the Complainant to take recourse of the D.C.D.R.F. claiming reliefs including compensation, litigation cost and other consequential reliefs.

          The OP NO.1 filed a Written Version to contest the Complaint Case and it was contended that the Complaint case was not maintainable in law. Denying the cause of action, as averred in the body of the Petition of complaint, the OP NO.1 contended that the complainant sustained minor external injury which was attended by Dr. Aninda Dasgupta and Dr. Utpal Brahma at the OP Hopsital but the patient party insisted the Hospital Authority to admit the patient for availing medical facilities under the West Bengal Health Scheme. It is further stated in the said Written Version that complainant was admitted under the observation and treatment of Dr.Soumay Chakraborty who explained the complainant that there was no such imminent threat of fracture or head injury and there was no need for admission of the patient in the Hospital to which the patient party became furious and threatened the Doctors and officials with dire consequences for having deliberately chosen not to treat the Complainant but denying and disputing all the material allegations as averred in the body of the Petition of Complaint on the issue of deficiency in service , the OP NO.1 ultimately prayed  for dismissal of the Complaint Case.

          Upon consideration of the material facts and circumstances of the case and on the basis of materials on record ld. D.C.D.R.F. found it proper to dismiss the Complaint Case on merit.

          Now the point for consideration is whether the ld. D.C.D.R.F. was justified in dismissing the Complaint Case. The factual aspects of the matter i.e. slipping of the complainant from the stairs of the Court Building on 2.7.2016 at about 11.30 a.m., sustaining bodily pain and injury and her treatment at  the hospital of the OP NO.1 were not disputed , rather it is categorically admitted by both the parties.

          Now the point for consideration before us that whether there was any ‘medical negligence’ on the part of the OP NO.1 or other Opposite Parties in treating the patient at the material point of time and whether there was any ‘deficiency in service’ in providing medical and other incidental assistance. It is established from the lawyer’s letter written to the Hospital Authority (Annexure C, pages 55 to 59, relevant page 57) where it has stated - 

“ Finally at about 7.30 p.m. she was taken for diagnostic  examination. After examination nothing serious was detected and her parents enquired that would be the next course of treatment required for her. After the episode of keeping them waiting for a long time with anxiety, my client was officially released from your Hospital at about 11.00 p.m., but your staff did not allow them to leave the Hospital premises till 11.45 p.m. and issued inflated medical bill having no parity with her treatment. It is evident and clear that her parents being the patient party and my client being the patient had to suffer mental pain, agony and harassment due to the negligent acts and/or omission on the part of your staff members, inspite of receiving hefty charges.”

          Such facts does not establish that there was any negligent on the part of the OP/Hospital and the medical bill attached to the file amounting to Rs.4,686/- (Rupees four thousand six hundred eighty six) cannot be said to be the exorbitant charge in treating a patient when she  complained of so much concerning her bodily pain and injury.

         In this context, the situation as explained by the OP NO.1 by letter dated 24.9.2016 (Annexure D of the file) cannot be ignored where the Hospital Authority categorically stated that the patient was appropriately taken care of and the reasons for delay in doing admission , paper work was explained to the patient party who decided to get the patient discharged on ‘risk bond’. If we consider the situation of a hospital on an extremely busy day , the delay caused to the complainant cannot be termed ‘deficiency in service’ rather she was guided by a sentimental or emotional  issue for not taking care instantly though it was sufficiently explained what prompted the Hospital Authority to treat the patient on proper time.

          In the back ground, we do not find any reason to interfere with the findings of the ld. D.C.D.R.F. which found the OPs not guilty of the allegation of medical negligence or deficiency in service in treating the patient.

          Hence , we dismiss the Appeal,  affirm the judgement and order dated 27.6.2018  passed by ld. D.C.D.R.F. Kolkata Unit III in C.C. 543 of 2017 . Parties do bear their respective costs of Appeal.