NAJRUL SEIKH Vs. DR. SUMIT BANERJEE & ANR.

JUDGEMENT

(1.) The petitioner/complainant, Mr. Najrul Seikh's son, Master Irshad (herein referred as "patient") on 14.11.2006 sustained injury in his right eye. Next day, he took initial treatment at Disha Eye Hospital, Barakpur, it was diagnosed as traumatic cataract. Thereafter for further treatment, he approached Dr. Sumit Banerjee (OP1) of Megha Eye Centre, Burdwan. The OP -1 performed operation of right eye and prescribed some medicines for recovery, but, the patient started feeling irritation and constant pain in the right eye. The condition became worse. On 09 -04 -2007, the complainant took his son to OP1, who prescribed few medicines but to no avail. On 19 -04 -2007, he took his son to Regional Institute of Ophthalmology (RIO) at Kolkata, but the doctors opined that the patient lost his vision due to wrong operation performed by OP1 and nothing can be done to restore his vision. Thereafter, the complainant with his son visited OP1 and discussed about the findings of RIO. The OP1 admitted his fault and agreed to pay compensation to the tune of Rs.20,000/ -. Thereafter the patient was shown to Dr. Kumud Raj Ranjan Sarkar, then, the patient was taken to Shankar Netralaya, but, it was certified that, the patient became blind in right eye due to improper treatment and wrong operation by OP1. Therefore, the complainant filed a complaint before the West Bengal Medical Council on

(2.) -01 -2008 for cancellation of registration of OP1. The West Bengal Medical Council dismissed the complaint. It was challenged as an appeal before the Principal Secretary, Health & Family Welfare on 19 -01 -2011 which concluded that OP 1 is prima facie responsible for negligent conduct and sent back to WBMC to reconsider the case within three months. The complainant filed a complaint before Burdwan District Consumer Disputes Redressal Forum (for short, the District Forum). 2. The District Forum allowed the complaint and directed the OPs to pay Rs.8,00,000/ - to the complainant and Rs.1,00,000/ - towards compensation for mental agony and Rs.5,000/ - as costs. It, also, directed the OPs to deposit Rs.50,000/ - in the Consumer Welfare Fund.

(3.) Aggrieved by the order of the District forum the OP filed first appeal before the West Bengal State Consumer Disputes Redressal Commission (for short the State Commission), it was allowed and the complaint was dismissed.