Dishari Health Point VS Doyojan Bibi

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

AVM J. RAJENDRA
Dishari Health Point – Appellant
Versus
Doyojan Bibi – Respondent

Counsel for the Parties:
For the Petitioners:Mr. Abhik Kr. Das, Advocate (Through VC)
For the Respondent No.1:Mr. Amar Nath Gupta and Mr. Santosh Kumar Sahu, Advocates
For the Respondent Nos.2 and 4:Ms. Madhumita Bhattacharjee, Advocate
For the Respondent No.3:Mr. Tavish B. Prasad, Advocate

ORDER

This Revision Petition has been filed under Section 58 (1)(b) of the Consumer Protection Act, 2019 (the “Act”) against impugned Order dated 26.09.2022, passed by the State Consumer Disputes Redressal Commission, West Bengal (‘State Commission’) in First Appeal No. 43 of 202. In the impugned Order, the State Commission allowed the complaint and modified the decision of the District Consumer Disputes Redressal Forum, Malda (‘hereinafter District Forum’) dated 23.11.2021 in CC No. 35/2018.

2. For convenience, the parties are referred to as placed in the original Complaint filed before the District Forum. The Petitioners, Dishari Health Point and Dr. Krishendu Das are referred as OP-1 & 2 respectively. While the Respondents, Mrs. Doyajan Bibi; Chief Medical Officer of Health Office, Carmichael Hospital for Tropical Disease; and National Institute of Mental & Neuro Science are referred to as the complainant, OP-3, OP-4, and OP-5 respectively.

3. Brief facts of the case, as per the complaint, are that she was admitted at OP-1 Nursing Home on 26.11.2017, for treatment of fever and weakness. Dr. Sharma, purporting to be the proprietor, assured her and her husband of the facility’s hi