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MANOJIT MANDAL, SAMIKSHA BHATTACHARYA, SHYAMAL KUMAR GHOSH
Nayan Ranjan Chakraborty – Appellant
Versus
Debu Mahato – Respondent
JUDGMENT
Manojit Mandal, President.—This revision petition is directed against the order No. 27 dated 10.06.2022 passed by the Learned District Consumer Disputes Redressal Commission, Kolkata, Unit-III (in short, ‘the District Commission’) in connection with consumer case No.CC/626/2018 thereby the Interlocutory Application being No. M.A./136/2021 filed by the revisionist / opposite party No. 3 was rejected.
2. The opposite party Nos.1 & 2 as complainants filed a complaint case against the revisionist and others under section 12 of the Consumer Protection Act, 1986 praying for the following reliefs:—
“(i) Mental agony for Rs.5,00,000/- against the Opposite Party Nos. 1 & 2.
(ii) Cost of treatment against all the Opposite Parties of Rs.5,00,000/-.
(iii) For the death benefit of Rs.5,00,000/- of the child against the Opposite Party Nos. 1 & 2.
(iv) For the Compensation of the Medical Negligence of Rs.5,00,000/- against the Opposite Party No. 3, the Doctor N.R. Chakraborty for death benefit of the child.
(v) Cost of the proceeding is paid by the Opposite Parties to the Complainants.
(vi) Further and other relief or reliefs as the Complainant may be entitled to granted.”
3.
Recall of Order – Even a wrong order requires setting aside by a higher or appropriate forum – So long as order stands, it will continue to attach finality in absence of any challenge raised to it.
“Medical negligence cases need expeditious disposal of matter in the interest of justice.”
Revisional jurisdiction - Only in a case where it is found that the State Commission has exercised its jurisdiction not vested in it by law, or has failed to exercise the jurisdiction so vested illeg....
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