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2024 Supreme(Online)(NCDRC) 999

NATIONAL CONSUMER DISPUTES REDRESSAL COMMISSION
AVM J. RAJENDRA, AVSM VSM (Retd.), J
DR. AMBUJAKSHA SINHA MAHAPATRA & ANR. – Appellant
Versus
AMALENDU BHATTACHARJEE – Respondent


Advocates:
For the Petitioner: MR. D. BHOWMICK & MR. SUBRATA BHATTACHARJEE
For the Respondent: MR. SIDDHARTHA CHOWDHURY

ORDER

1. The present Revision Petition has been filed under Section 21(b) of the Consumer Protection Act, 1986 (the “Act”) against order dated 24.04.2018, passed by the State Consumer Disputes Redressal Commission, West Bengal (‘State Commission’) in First Appeal No. 966 of 2016. In this, the Appeal by Respondent/ Complainant was allowed, thereby setting aside the District Consumer Disputes Redressal, Paschim Medinipur (“District Forum”) order in CC No. 137 of 2014 dated 31.08.2016, wherein the Complainant’s complaint was dismissed.

2. For convenience, the parties in the present matter are referred as per the Complaint before District Forum. Amalendu Bhattacharjee is the Complainant (Respondent herein) whereas Dr. Ambujaksha Sinha Mahapatra is referred as OP-1 (Petitioner No. 1 herein) and Medinipur Nursing Home is referred as OP-2 (Petitioner No. 2 herein).

3. Brief facts of the case, as per the Complainant, are that the Complainant (Respondent herein) suffering from abdominal pain, was admitted to OP-2 Nursing Home on 12.08.2014 under the care of OP-1 Doctor. Various blood tests and ultrasound (USG) of the abdomen were conducted, and reports were provided to OP-1 on 1

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