MODERN NURSING HOME Vs. SOMNATH MUKHERJEE

JUDGEMENT

(1.) THIS appeal was filed challenging order dated 4.1.2007 passed by District Consumer Disputes Redressal Forum, Howrah in Complaint Case No. HDF 83 of 2005 whereby the complaint was allowed with the following order:

(2.) THE case of the complainant is that the wife of the complainanthadbeentakingmedical check up from OP2 doctor during her pregnancy. On 16.12.2004 the patient was admitted in OP1 Nursing Home and oh 17.12.04 at about 6.16 p.m. one male baby was delivered in normal course. The complainant stayed with the patient in the said nursing home upto 10 p.m. on 17.12.2004 and found his wife and the new baby both were quite well. When the complainant left he gave one telephone number to the staff of the nursing home for any emergent information. On 18.12.2004 when the complainant arrived at the nursing home in early morning he came to know from nearby medicine shop that his wife expired last night. Entering the nursing home as he found his wife dead, he asked reason of death but did not get any reply. The doctor was absent but when the doctor reached the nursing home, the complainant found that the doctor was in drunken condition and he could not give any satisfactory answer to the complainant but he issued one certificate where he alleged the cause of death as 'postpartum bleeding' and death was at 2.45 a.m. on 18.12.04. The complainant lodged an FIR alleging negligence and the death due to negligence of the OPs. Complaint was filed seeking relief of compensation of Rs. 7 lacs for the death of the wife due to negligence of OP1, Rs. 2 lacs for negligence of OP2 and jointly against OPs for Rs. 2 lacs for pain and mental agony and for cost.

(3.) THE OPs filed their joint written version. Contention was made on non -joinder and misjoinder of necessary parties, absence of locus standi and that complainant is not a consumer as services rendered by OPs were gratuitous. Statements have also been made denying contentions as made in the complaint. The OPs also narrated facts as regards the actual happening on the relevant days.