EXECUTIVE ENGINEER Vs. SUBRATA CHATTOPADHYAY

JUDGEMENT

(1.) The complainant while she was admitted in Chinsurah Imambara Sadar Hospital on 19.6.2014 was advised X-ray in the same hospital. The x-ray room was situated on the second floor of the hospital. The complainant being injured had to use the lift of the hospital, in order to reach the x-ray room on the second floor. She therefore entered the lift, along with her son. The lift however, started moving upward even before its door could close. One portion of the lift floor caved in, as a result of which the complainant fell from the stretcher and was hanging for more than ten minutes, putting her life in danger. She was rescued by the security guards but sustained injuries to her lower limbs before she could be rescued. Alleging deficiency in rendering services on the part of the opposite parties, namely Chinsurah Imambara Sadar Hospital, its Superintendent, Principal Secretary, Government of west Bengal and Health & Family Welfare Department and the Executive Engineer, PWD (Electrical), she approached the concerned State Commission by way of a consumer complaint, seeking compensation on account of the injuries suffered by her due to lack of maintenance of the lift that had been installed in the hospital.

(2.) The complaint was resisted only by the petitioner, who in his written version, inter-alia pleaded that the lift had auto-door option and was manned, but the son of the complainant tried to start the lift without liftman. It was also stated in the written version that the lift was inspected after this accident and the lift service has been kept suspended. Another lift has been provided in the hospital.

(3.) Vide impugned order dated 6.8.2018, the State Commission directed as under: