Life Line Nursing Home & Pollyclinic VS Mohd. Nasim

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

AVM J. RAJENDRA
Life Line Nursing Home & Pollyclinic – Appellant
Versus
Mohd. Nasim – Respondent

Counsel for the Parties:
For the Petitioner:Mr. Partha Sil, Mr. Abhiraj Choudhary and Mr. Sayani Bhattacharya, Advocates
For the Respondent:Ms. Pallavi, Advocate with Authority Letter for Mr. Amit Kumar Singh, Advocate

ORDER

The present Revision Petition has been filed under Section 58(1)(b) of the Consumer Protection Act, 2019 (the “Act”) against order dated 01.06.2022, passed by the State Consumer Disputes Redressal Commission, West Bengal (‘State Commission’) in First Appeal No. 8 of 2019. In this, the Appeal by the Respondent/ Complainant was partly allowed, thereby setting aside the Order dated 22.01.2019, passed by the District Consumer Disputes Redressal, Purba Bardhman (“District Forum”) in CC No. 87 of 2010, wherein the Complainant’s complaint was dismissed.

2. For convenience, the parties in the present matter are denoted as per the Complaint before the District Forum. Mohd Nasim is the Complainant. The Life Line Nursing Home & Polyclinic is referred as OP-1 (Petitioner No. 1 herein), Dr. Sandip Ghosh is referred as OP-2 (Petitioner No. 2 herein), Dr. Arunima Chowdhury is referred as OP-3 (Petitioner No. 3 herein).

3. Brief facts of the case, as per the Complainant, are that his mother, Jibabesha Begum, was admitted to Life Line Nursing Home (OP-1) on 10.06.2008 for gallbladder surgery, as per the advice of Dr. Sandip Kumar Ghosh, Surgeon (OP-2). She was operated upon at 4.00 PM on the