DIST. CONSUMER DISPUTES REDRESSAL FORUM
NORTH 24 Pgs., BARASAT.
C.C No- 170/2016
Date of Filing: Date of Admission Date of Disposal:
18.03.2016 22.03.2016 28.05.2019
Complainant :- Dipankar Dey, Netaji Garh Colony,
Ramesh Mitra Road, P.O. Ganti, P.S. Airport,
Kolkata-700132.
=Vs=
Opposite Party/s :- 1. The Proprietor of E-Max Diagnostic Centre,
K.G.N Tower, 1st floor, Near Rajarhat State Bank,
91, Bus Road, Kathgola Bus Stop, P.S. Rajarhat,
Kolkata- 700135.
2. Dr. S. Sen of the said Diagnostic Centre,
K.G.N Tower, 1st floor, Near Rajarhat State Bank,
91, Bus Road, Kathgola Bus Stop, P.S. Rajarhat,
Kolkata- 700135.
3. Dr. Sukumar Chatterjee, Kaibarta Para,
Champadali More, Taxi Stand, Barasat,
N/L Banasree and Sons, P.S. Barasat, Pin-124.
P R E S E N T- :- Sri Lakshmi Kanta Das ……………………President.
:- Smt. Silpi Majumder………………………..Member.
:- Smt. Monisha Shaw …………………………Member.
Judgment
Today is fixed for showing cause by the complainant for not taking step on 28.02.2019. But the complainant is neither present in Court nor shows any cause. The Ops are present through their Ld. Advocate by filing separate Haziras.
From the record it appears that the complainant has filed an affidavit-in-chief, this is why the case cannot be disposed of ex parte. But in support of his case of medical negligence and deficiency in treatment facilities, the complainant has not file any expert opinion. In the absence of expert’s opinion, the complainant’s case of medical negligence cannot be adjusted from proper view angle. There is a hardly evidence material on record on the basis of which a case of medical negligence cannot be decided. For want of reliable evidence case of the complainant is destined with dismissed.
Hence,
it is ordered,
that the case be and the same is dismissed on contest on merit. There will be no order as to costs.
Let plain copy of this judgment be given to the parties free of cost as per the CPR, 2005.
Member Member President
Dictated & Corrected by
