ASIT BARAN MONDAL Vs. RITA SINHA

JUDGEMENT

(1.) Heard Mr. Rabin Majumder, learned counsel for the appellants.

(2.) Delay condoned.

(3.) It is submitted by him that the National Consumer Disputes Redressal Commission, New Delhi (for short, 'the National Commission') has not appositely appreciated the factum of medical negligence while adjudicating the consumer dispute. It is his further submission that there is a demarcating distinction between the medical negligence agitated in a consumer forum and the medical negligence in a criminal proceeding. It is urged by him that it is a fit case where the treating physician should have been well advised to ask for a Lever Function Tests (LFT) as that was absolutely necessary. But the same was not done which exposit gross negligence.