STATE CONSUMER DISPUTES REDRESSAL COMMISSION WEST BENGAL CONSUMER COMPLAINT NO. SC/19/CC/790/2017 Sri Binoy Chakraborty PRESENT ADDRESS - S/o Sri Biran Chakraborty alias Birendra Nath Chakraborty, Baguiati, P.O.

& P.S. - Arjunpur, Dist. North 24 Pgs., W.B.,WEST BENGAL.

.......Complainant(s)

Versus Dr. Sumanta Kumar Thakur PRESENT ADDRESS - S/o Dr. Sunil Kumar Thakur, C/o New Life Nursing Home, Sahabagan, Jangra, Rajarhat Road, P.S. - Arjunpur, Kolkata - 700 059.,WEST BENGAL.

Professor Dr. Sunil Kr. Thakur PRESENT ADDRESS - C/o New Life Nursing Home, Sahabagan, Jangra, Rajarhat Road, P.S. -

Arjunpur, Kolkata - 700 059.,WEST BENGAL.

.......Opposite Party(s)

BEFORE:

HON'BLE MR. AJEYA MATILAL , JUDICIAL MEMBER HON'BLE MRS. MRIDULA ROY , MEMBER FOR THE COMPLAINANT:

Mohua Biswas (Advocate)

FOR THE OPPOSITE PARTY:

Ms. Madhumita Saha, Mr. Rajesh Biswas (Advocate) Ms. Madhumita Saha, Mr. Rajesh Biswas (Advocate)

DATED: 05/12/2025

ORDER

MRIDULA ROY, MEMBER The instant petition of complaint is filed under Section 17 of the Consumer Protection Act, 1986 by the Complainant Sri Binoy Chakraborty alias Binoyendranath Chakraborty alleging negligence in providing in providing medical treatment on the part of the Opposite Parties namely Dr. Sumanta Kumar Thakur and Dr. Sunil Kumar Thakur.

Case of the Complaint in brief is that having had compound fracture at the right shaft of humerous and 3^rd proximal phalynx (Rt.) the Complainant received medical treatment from the above named OPs who administered surgical operation to the Complainant and thereafter released him from the New Life Nursing Home on

13.09.2015 at 12.00 noon having Rs.84,000/- along with an estimated medical expenses of a further amount of Rs.21,000/- towards cost of medical treatment. The Complainant further states that he has been facing discomfort which was brought to the notice of the treating Doctor Sumanta Kumar Thakur who performed surgery on the Complainant on 06.10.2015. The Complainant further states that the Complainant has been feeling discomfort due to operation and as such visited the OP no. 1/Doctor on 08.02.2017 since the pain has been persisting and as such having undergone an X-ray it was found by the OP-1/Doctor that the implant was broken and as such required to be replaced. The same was also ratified by another Doctor namely Dr. Soumya Sen. It was further stated by the Complainant that at that stage he decided to move to New Hope Capital Centre , 814, Poonamalee High Road, Kilpauk, Chennai, 600010 where it was diagnosed a “non-union fracture shaft of Right Humerous with Implant Failure” owing to which the Complainant had undergone further surgical operation at the Chennai Hospital and the Implantation was replaced on 09.05.2017. The Complainant was discharged therefrom on 13.05.2017 after incurring expenditure of Rs.2,20,000/-. It is specifically stated by the Complainant before removing the Implant he was facing various problem regarding mobilization of his hand for a long spell of time which was caused for defective implantation by the OP/Doctor which is to be considered as negligence on the part of the OPs. Accordingly, the Complainant prays for direction upon the OPs to pay Rs.24,00,000/- towards compensation and as to the expenses already incurred and to be incurred in future for the treatment in order to get full recovery of the Complainant.

The OPs contested the case by filing written version denying and disputing all material allegations stating inter alia that the issues involved in the instant case are so complicated in nature that without any evidence of medical experts of specialized field it would not be possible for this Commission to adjudicate the matter since medical allegations involved herein are of medical negligence which are highly technical in nature. It is also stated by the OPs that the medical professional is expected to bring a reasonable degree of skill and knowledge and must exercise a reasonable degree of care. Neither the very high nor a very l