M. Shreesha, Member—Aggrieved by the order of the State Consumer Disputes Redressal Commission at West Bengal (for short “the State Commission”), in SC Case No. 42/01/2002 dated 14.01.2009, the Complainant preferred this Appeal under Section 19 of the Consumer Protection Act, 1986 (for short “the Act”). By the impugned order, the State Commission has dismissed the Complaint on the ground that there was no negligence on behalf of the first Opposite Party (hereinafter referred to as the “treating doctor”) in his treatment of the Complainant’s wife (hereinafter referred to as the “patient”).

2. For the sake of convenience, Opposite Parties 2, 3 & 4 are hereinafter referred to as the ‘Nursing Home’. Succinctly put, facts material to the case are that the patient, a Graduate in the Commerce Stream, with six-months training in knitting, was registered at Employment Exchange, Burdwan and was awaiting employment. During this period, she was engaged as a Private Tutor, earning Rs.800/ to Rs.1,000/- per month. It was stated that after their marriage, on 04.12.1992, the couple was b