Chandra Das (Saha) VS Bimal Saha, MD Radiologist

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

MANOJIT MANDAL, SAMIKSHA BHATTACHARYA, SHYAMAL KUMAR GHOSH
Chandra Das (Saha) – Appellant
Versus
Bimal Saha, MD Radiologist – Respondent

Counsel for the Parties:
For the Complainant:Mr. Barun Prasad, Mr. Subrata Mondal and Mr. Sovanlal Bera, Advocates
For the Opp. Party:Mr. Abhik Kr. Das, Advocate
For the Opp. Party:Ms. Saheli Ghosh, Mr. Atish Majumder, Advocate

ORDER

Manojit Mandal, President—The instant complaint case was filed under section 17 of the Consumer Protection Act, 1986 by the complainant Mrs. Chandra Das (Saha) for the alleged negligence of the treating doctor and the hospital, causing severe harassment, mental anxiety with no hope for better life of her baby in future. The complainant Mrs. Chandra Das (Saha) has filed the instant complaint case praying for the following reliefs:—

“(i) To admit and register the complaint.

(ii) After hearing please to direct the opposite parties for payment of compensation to the tune of Rs.47,00,000/- to the complainant due to medical negligence conducted by them causing severe harassment and suffering.

(iii) To award litigation cost of Rs.50,000/-.

(iv) To pass other orders as your Lordship may deem fit and proper.”

2. The brief facts of the case are that the complainant Mrs. Chandra Das (Saha) was pregnant in the year 2013 and to examine the condition of the baby in ovary, the complainant approached to the opposite party No. 2 at their hospital on 17.09.2013 and as per advice of Dr. namely Dr. Biswanath Santra, USG, pregnancy and anomaly scan test were conducted on 17.09.2013.

3. Fur