1. The seeds of the present appeal were laid when a bereaved son lodged a complaint before West Bengal Clinical Establishment Regulatory Commission (‘the Commission’ in short hereinafter) through email on 12.05.2017 alleging untimely death of his mother due to :- “Negligency in detection and causing delay in shifting the patient from the hospital. Not applying proper medication to the patient, improper diagnosis and negligency and misguiding patient party”.

2. The Commission took steps and after hearing the Service Provider, viz BM Birla Heart Research Centre (BMBHRC in short hereinafter) through its Medical Superintendant and obtaining 3(three) affidavits from the concerned Superintendant, Dr. Sankar Sengupta, Dr. Ashok Giri, the in-charge of non- invasive procedure, and Mr. Manish Surekha, the Head Finance, B.M. Birla Heart Research Institute and also considering the relevant reports from Medical Council of India, West Bengal State Medical Council and other materials on record, came to the conclusion that though the Commission refrained from dealing with the alleged medical negligence part of the matter, it found serious lack and deficiency i