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First Appeal No. FA/656/2014 (Arisen out of Order Dated 12/09/2013 in Case No. CC/105/S/2009 of District Siliguri). Case: Sujit Ranjan Sengupta Vs Rabindra Chandra Dey and Ors.. West Bengal State Consumer Disputes Redressal Commission

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Case Number:First Appeal No. FA/656/2014 (Arisen out of Order Dated 12/09/2013 in Case No. CC/105/S/2009 of District Siliguri)
Party Name:Sujit Ranjan Sengupta Vs Rabindra Chandra Dey and Ors.
Counsel:For Appellant: Subhrendu Halder, Advocate and For Respondents: Olivia Mukherjee and Binota Roy, Advocates
Judges:Ishan Chandra Das, J. (President) and Tarapada Gangopadhyay, Member
Issue:Consumer Protection Act, 1986 - Section 15
Judgement Date:April 18, 2017
Court:West Bengal State Consumer Disputes Redressal Commission

Order:

Tarapada Gangopadhyay, Member, (Kolkata)

  1. This Appeal u/s. 15 of the Consumer Protection Act, 1986 has been filed by the OP No. 1 challenging the judgment and order dated 12.9.2013 passed by the Ld. District Consumer Disputes Redressal Forum, Siliguri, in Complaint Case No. 105/S/2009, directing the OP No. 1 to pay to the Complainant, within 45 days from the date of the order, Rs. 10,00,000/- for mental agony due to death of the only child of the Complainant, Rs. 1,00,000/- for medical expenses, Rs. 1,00,000/- for punitive damages and Rs. 10,000/- for litigation cost.

  2. The brief facts of the case, as emanating from the materials on records, are that the Respondent No. 1/Complainant on 2.12.2007 took her daughter, since deceased, to the Appellant/OP No. 1-Doctor with complaint of 'pimples' on her face for treatment. The Appellant/OP No. 1-Doctor, without noting any clinical symptoms and findings of diagnosis on the prescription concerned, prescribed some medicines and advised for further reporting on 13.1.2008. On 13.1.2008 when the Respondent No. 1/Complainant took her daughter to the Appellant/OP No. 1-Doctor he changed some medicines and advised for further check-up on 10.2.2008. On 10.2.2008 when the Respondent No. 1/Complainant further took her daughter to the Appellant/OP No. 1-Doctor, he prescribed some new medicines and advised for further reporting on 2.3.2008 and during such visit the Appellant/OP No. 1-Doctor further prescribed a new drug, i.e. 'Dapsone 100 mg.' with dose of one tablet daily. After taking Dapsone, rash and blisters appeared on the body of the daughter of the Respondent No. 1/Complainant and her skin started peeling off at some places. The Respondent No. 1/Complainant informed the problem to the Appellant/OP No. 1-Doctor, but the Appellant/OP No. 1-Doctor advised the Respondent No. 1/Complainant to meet the Appellant/OP No. 1-Doctor at his chamber at Siliguri on 6.4.2008. On 6.4.2008 noticing the deteriorating condition of the daughter of the Respondent No. 1/Complainant the Appellant/OP No. 1-Doctor withdrew Dapsone. Thereafter, the Appellant/OP No. 1-Doctor referred the daughter of the Respondent No. 1/Complainant to the Respondent No. 2/OP No. 2-Doctor who treated the daughter of the Respondent No. 1/Complainant at Dr. K.N. Chatterjee Memorial Nursing Home, Hill Cart Road, Siliguri, for the period from 11.5.2008 to 24.5.2008, and on 24.5.2008 the daughter of the Respondent No. 1/Complainant was...

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