- (1.) Challenge is to the Order No.35 dated March 30, 2011 passed by the learned State Consumer Disputes Redressal Commission, West Bengal in Complaint Case No.SC-9/O/2004 thereby disposing of a misc. application dated March 2, 2011.
(2.) The petitioners herein filed a complaint case being No.SC- 9/O/2004 before the learned State Consumer Disputes Redressal Commission (henceforth shall be called as State Commission in short) against the opposite parties claiming damages for medical negligence and deficiency in service by the opposite parties in respect of the treatment of the complainants' minor daughter Kumari Nabanita Nandi (since deceased). The said daughter of the complainants was admitted to Ramakrishna Mission Seva Pratisthan @ Sishumangal Hospital, Kolkata-700026 on May 18, 2002 as she was not well. The doctors on duty treated her. But, ultimately, the said minor of girl could not be saved and she died. The complainants brought the charge of medical negligence and deficiency in service against the opposite parties.
(3.) The opposite parties are contesting the said complaint case by taking their appropriate defence stand denying the material allegations contained in the petition of complaint. The said complaint case was at the stage of recording evidence. Ultimately, at the intervention of this Hon'ble Court, the witness of the defendant, namely, Swami Sarvalokananda, Secretary of the Ramakrishna Mission Seva Pratisthan was directed to be crossexamined, on commission, in presence of the parties within a specified period at his residence in camera. But the crossexamination could not be completed within the time fixed by this Hon'ble Court and as such, another chance was given to complete the cross-examination of Swami Sarvalokananda within a period of two weeks from the date of the receipt of the order dated February 26, 2010. Then, Swami Sarvalokananda was cross-examined but his cross-examination could not be completed on the date fixed by the Advocate-Commissioner.;