AYAN BHATTACHARJEE Vs. GOURI RANI CHAKRABORTY AND ORS

JUDGEMENT

(1.) THIS appeal is directed against the judgment and order passed by Learned District Forum, Cooch Behar in case no.28 of 2005 allowing the complaint and directing the OP to pay the compensation of Rs.30,000/ - for the deficiency in service, Rs.15,000/ - for mental agony and litigation cost of Rs.2,000/ - with the direction to pay the same within two months from the date of the order, in default a penal interest @ 10% per annum shall accrue on the unpaid amount till realization.

(2.) THE case of the complainant, in short, is that one Sushil Chakraborty, since deceased, was a patient of the OP and as a result of the wrong diagnosis and treatment the substituted heirs suffered mental agony, harassment and financial loss. The complaint was filed by Sushil Chakraborty and after his death the legal heirs have been substituted as per the direction of this Commission in the previous appeal whereby the case was sent back on remand with the direction to the Learned District Forum to dispose of the case after effecting necessary substitution. It has been averred in the complaint that on 14/07/01 the predecessor -in -interest of the present appellants was attacked with hematuria. He was treated by Dr. Ujjal Das Sharma who advised blood test and x -ray. The patient recovered from that ailment, but there was swelling of hands and feet. Thereafter on 18/07/01 the patient went to the OP who without any test told that the patient was suffering from cancer. However, according to his advice the x -ray and blood tests were done and the OP advised the patient to visit the medical centre at Thakurpukur. According to the advice of OP the C.T. Scan and Biopsy were done and seeing the reports, the OP diagnosed it as a case of Bronchogenic Carcinoma. Thereafter he advised Chemotherapy. The complainant is a retired employee of North Bengal State Transport Corporation in Grade -IV. On 10/01/05 the patient visited the chamber of the OP who advised x -ray. But the condition of the patient deteriorated. On 24/01/05 the patient was examined by Chest Specialist Dr. Saswata Ghosh who advised x -ray. On seeing the x -ray report the doctor disclosed that there was accumulation of fluid in the chest. The patient was admitted in the Nursing Home. But on 22/02/05 the condition of the patient was serious and he was admitted to the M.J.N. Hospital, Cooch Behar and he was admitted under the care of Dr. Ujjal Das Sharma who diagnosed that it was a case of tuberculosis and not Bronchogenic Carcinoma. Under such circumstances, the complaint was instituted by the patient Sushil Chakraborty praying for compensation.

(3.) THE OP contested the case by filing W.V. denying all the material allegations. It was averred in the W.V. that at M.J.N. Hospital the first diagnosis was confirmed as Malignant Pleural Effusion. The patient failed to do C.T. guided FNAC of left Bronchogenic Mass and the patient did not turn up with the report of said examination to the OP. There was no negligence on the part of the OP and he took much care and acted on the basis of the report of C.T. Scan of thorax of Chittaranjan Clinic Pvt. Ltd. The complainant has filed this case motivatedly to extort money on some flimsy and false grounds.