This instant consumer complaint was filed before the Kolkata bench of SCDRC, W.B. Subsequently it was re-assigned before our bench at Siliguri to meet the consumer dispute.

The consumer case filed by one MD. Obaiyed Miyan is short is that as and when the complaint's wife Mrs. Shamsur Nahar conceived for some months the complainant engaged the O.P. No. 1 for check-up of his wife and the baby at womb and that he took her clinic of the O.P. No.1 on 01.06.2016 situated at K.J. Sanyal Road, Malda.

That the O.P. No.1 made an intensive diagnosis of the patient and prepared a prescription for her and expressed his content and delight about the present condition of baby in the womb and the mother and remarked that the baby in the womb would meet a normal delivery, should regular visits be made to his clinic by the mother.

That as many as 5 visits, were made by the patient Shamsun Nahar hereinafter called the victim to the clinic of the O.P. No.1 in a space of about 5 months to the satisfaction of the O.P. No.1 who also had been satisfied with his performance.

That when in the month of September of 2016 under instruction of the O.P. No.1 Obstetric Sonography was done in the Kaliachak Scan Centre & Pathological Clinic (situated at Kallachak Malda), the reports were satisfactory and no abnormally could be discovered by any means.

That under the advice of O.P. No.1 Hematology was tested in the Kallachak Scan Centre and pathological Clinic, Kaliachak, Malda reports of which were fully satisfactory.

That when everything went well and the victim was admitted to the Malda Nursing Home for delivery on 22.12. 16 at 8.40 P.M. under the treatment of O.P. No. 1.

That when some complications arose at the hands of attending doctors the O.P. No.1 who could no longer be equal to handling this delicate case referred discharge was done the now and then victim was placed under the treatment of O.P. No. 2 Dr. T.K. Das, Md, on 23.12.16 yet the male baby was delivered by C/S with Malformation and the victim still again discharged on 24.12.16.

That the Baby discharge Summary provided by the O.P. No.3 shows handicap of the O. Ps in furtherance of their treatment effects therefore and finally the victim with her baby in the clutches of death was discharged on 29.12.16. by the OPs, and as such the Baby Discharge Summary contains, Advice 'Now this baby is referred to any higher centre for further management and evaluation' and thus the OPs tinkered with their solemn job that the ailing bud was soon rushed to P.G. Hospital in Kolkata on 29.12. 16 where the perfunctory money making rendered and abysmal medical service rendered by the OPs have been manifested like a broad day light and when the experts in P.G. Hospital opined a shocking end of the baby's life soon, the complainant got the duo discharged and set out for Malda on 30.12. 16 and a little bud died up before it could flotsam, on the way home in Malda the unfortunate baby breathed it last as it were a wounded petrel on 30.12.16.

That the next day in the morning the poor baby was buried amid a huge crowd of men, women and Muslim clerics entombing all its possibilities and dreams of its parents and other kins.

That yet the loss o