LIFE LINE NURSING HOME Vs. NASIM

JUDGEMENT

(1.) The present Revision Petition has been filed under Sec. 58(1)(b) of the Consumer Protection Act, 2019 (the "Act") against order dtd. 1/6/2022, passed by the State Consumer Disputes Redressal Commission, West Bengal ('State Commission') in First Appeal No. 8 of 2019. In this, the Appeal by the Respondent/ Complainant was partly allowed, thereby setting aside the Order dtd. 22/1/2019, passed by the District Consumer Disputes Redressal, Purba Bardhman ("District Forum") in CC No. 87 of 2010, wherein the Complainant's complaint was dismissed.

(2.) For convenience, the parties in the present matter are denoted as per the Complaint before the District Forum. Mohd Nasim is the Complainant. The Life Line Nursing Home & Polyclinic is referred as OP-1 (Petitioner No. 1 herein), Dr. Sandip Ghosh is referred as OP-2 (Petitioner No. 2 herein), Dr. Arunima Chowdhury is referred as OP-3 (Petitioner No. 3 herein).

(3.) Brief facts of the case, as per the Complainant, are that his mother, Jibabesha Begum, was admitted to Life Line Nursing Home (OP-1) on 10/6/2008 for gallbladder surgery, as per the advice of Dr. Sandip Kumar Ghosh, Surgeon (OP-2). She was operated upon at 4.00 PM on the same day by Dr. Sandip Kumar Ghosh (OP-2) and Dr. Anunima Chowdhury, anaesthetist (OP-3), along with Molla Kasem Ali, one of the proprietors of the nursing home and some other unidentified doctors. OP-2 & 3 were responsible for his mother's death in the operation theatre, and death occasioned due to medical negligence. He contended that five of her teeth were broken during the procedure and she died due to anaesthesia reversal failure. Further, the OPs attempted to deceive them by transferring the deceased to the ICU posthumously and OPs filed a false criminal case was filed against him and his brothers. His brother lodged a complaint against OPs at Burdwan CJM Court, leading to exhumation of her body for post-mortem examination. The OPs operated illegally, violating the West Bengal Clinical Establishments Act 1950 and its regulations. The nursing home was unlicensed under the Act and that his mother's death was due to the negligence of the attending doctors. No proper consent was obtained for the abdominal surgery. He also filed complaint with the Chief Medical Officer, Burdwan and West Bengal Medical Council, alleging negligence and ethical violations by the OPs. He contended that her condition was inadequately evaluated, and the complications and procedures were not explained adequately. He thus filed CC No. 87 of 2010 before the District Forum, seeking compensation of Rs.20,000.00 for treatment, Rs.7,00,000.00 for mental agony and Rs.30,000.00 for litigation expenses.