INDRANI CHATTERJEE Vs. AMRI HOSPITALS,

JUDGEMENT

(1.) All these sixteen complaints u/s 21 (a) (i) of the Consumer Protection Act, 1986 (for short, "the Act"), against AMRI Hospital, Kolkata, arise out of the same incident of fire, in which a large number of human lives were lost and perhaps equal number of the patients had suffered grievous injuries. Therefore, all these complaints are being dealt with by this common order. However, in order to appreciate the controversy, the facts are taken from CC No. 383 of 2013.

(2.) As per the averments in the complaints, filed by the Legal Heirs/Authorized Representatives of some of the patients, who perished in the fire, on 09.12.2011, at around 02.00 a.m, there was fire in the basement of the Annexe Building of the Hospital, meant for car parking. However, it was being used for storage of highly combustible items, like chemical waste, diesel, oxygen cylinders etc. Because of such inflammable material, the fire spread, emitting poisonous smoke, which got circulated in the entire Building through the Air Conditioning ducts. The fire could not be controlled by the security personnel on duty. On being informed, the night administrator, instructed the security to close the collapsible door at the entrance of the Annexe Building; on being contacted by some patients, the fire brigade reached the spot around 4.00 a.m.; neither the relatives of the patients were permitted to enter the Hospital nor the patients were allowed to leave the Hospital as they were required to clear the outstanding bills before leaving the Hospital. A large number of patients died due to Asphyxia caused by the poisonous gas. The bodies were brought out of the building by the fire brigade, around 6.30 a.m. and were sent for post-mortem.

(3.) It is alleged that there were gross negligence and deficiency in service on the part of the Hospital because: