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S.M.KANTIKAR, BINOY KUMAR
Nandita Datta – Appellant
Versus
Dum Dum Municipal Specialised Hospital – Respondent


Counsel for the Parties:
For the Petitioners:Mr. Utpal Kumar Basu, Advocate
For the Respondent Nos.1 and 2:Ms. Sonali Bhattacharya and Ms. Sanghamitra Mukherjee, Advocates
For the Respondent Nos.3 and 4: Nemo
For the Respondent No.5: Nemo
For the Respondent Nos.6 and 7:Mr. Rabin Majumdar and Ms. Akansha Srivastava, Advocates

ORDER

Dr. S.M. Kantikar, Presiding Member.—This order shall decide both the Revision Petitions filed under Section 21 of the Consumer Protection Act, 1986 (in short “the Act”) against the common order dated 11.06.2018 in R.P. 246/2017 of the State Commission.

2. The facts are drawn from R.P. No.1890/2018. Accordingly, Dr. Kaliprasad Dutta is the Complainant, Dum Dum Municipal Specialised Hospital is the OP-1 (for short, ‘Dum Dum Hospital’), Dr. Samit Kumar Chatterjee is the OP-2, the Star Health & Allied Ins. Co. Ltd. is the OP-3 (for short, ‘Insurance Co.’), the Apollo Gleneagles Hospital is the OP – 6 and its Institute of Gastro Science is the OP-7.

3. The Issue involved is whether two Complaints are maintainable for one Cause of action.

4. Both the Petitioners are original Complainants. Both have filed individual complaint before two different the District Forum. One Complaint CC/97/2017 was filed by Dr.Kaliprasad Datta at Kolkata-I. Another complaint CC/216/2017 was filed by the patient Mrs. Nadita Datta w/o Dr. Kaliprasad at Barasat, which was subsequently transferred to D

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