SIDDHARTHA GUPTA Vs. BAKUL BOSE & ANR

JUDGEMENT

(1.) This first appeal has been filed under Section 19 of the Consumer Protection Act, 1986 against the order dated 5.7.2017 passed in M.A. No. 590 of 2017 in C.C. No. 293 of 2013 by West Bengal State Consumer Disputes Redressal Commission, Kolkata ( in short, 'the State Commission') whereby the State Commission rejected petitioner's prayer for adducing expert evidence. The appellant has also filed I.A. No. 688 of 2018 before this Commission for taking on record the expert opinion recorded in the order passed by West Bengal Medical Council in C/73/2013, as an expert evidence in the instant consumer complaint.

(2.) We have heard the learned counsel for the appellant. None is present for the respondents. The complainant has sent a letter and expressed his inability to attend and argue the matter. From the documents, it is transpired that M.A. No. 590 of 2017 filed by OP-2 was for permission to adduce evidence of an independent specialized Orthopedic Surgeon to highlight the technical aspects of the surgery performed on the complainant, but the State Commission rejected the application with following observations:

(3.) In the interest of justice, for any cases of alleged medical negligence, in our view, the parties should be given opportunity to lead expert opinion on their behalf. It will be injustice to dispose of the cases of alleged medical negligence without proper evidence. As per the position explained, the expert opinion recorded before the West Bengal Medical Council in C/73/2013 is permitted to be taken on record, where the petitioner was one of the parties. Accordingly, I.A. No. 688 of 2018 is allowed.