Barnali Chowdhury vs Woodlands Medical Centre Ltd

THIS order shall decide the Interim Application No. 2 of 2012 filed under Order I, Rule 10 (2) read with Section 151 of the Code of Civil Procedure, 1908 for joining/adding three other opposite parties, namely, Dr. Sanjay Patwari, West Bengal Medical Council, Directorate of Health Services, West Bengal, in the present complaint. The instant Consumer Complaint was filed before this Commission on 05.07.2010. The said application was moved before this Commission on 02.03.2012. The original complaint was filed against the Woodlands Medical Centre Ltd., OP 1 and Dr. Rajesh Jindal, Medical Oncologist, OP2, under whose supervision late Sh. Kuntal Chowdhury was undergoing chemotherapy.

IT is now averred that Dr. Sanjay Patwari, an Anesthetist, practicing with the OP1, had administered the fatal injection on late Sh. Kuntal Chowdhury. The documents regarding departmental enquiry have been placed on record. It is contended that Dr. Sanjay Patwari, is a necessary party and his presence is required for the factual adjudication of the present complaint. An enquiry was conducted by the Directorate of Health Sciences, Government of West Bengal, on a complaint received from Sh. Subhashish Roy, regarding the untimely death of Sh. Kuntal Chowdhury. It is contended that the Directorate of Health Sciences, Government of West Bengal be also added as a party to produce the records of the enquiry.

THIRDLY , it alsa-transpired that a charge-sheet was framed against Dr. Sanjay Patwari and Dr. Rajesh Jindal. The said enquiry is still pending against them. It is also submitted that West Bengal Medical Council be called for to produce the record and be joined as one of the parties.

WE have heard the counsel for the complainants. The proposed Ops, two and three, mentioned above, cannot be said to be the necessary parties. Only averment made against them is that they are to produce the records. Records can be summoned as per law. For that purpose, said proposed OPs cannot be said to be necessary parties. Consequently, the application moved in respect of Directorate of Health Sciences, Government of West Bengal and West Bengal Medical Council is dismissed. It is difficult to fathom as to why the complainant is interested to procrastinate proceedings. However, the complainant will be at liberty to summon them for production of record or for some other purpose, as per law. Now, we turn to the case of Dr. Sanjay Patwari. The cause of action in this case arose on 09.07.2008, the date of death of Sh. Kuntal Chowdhury. No application for condonation of delay has been filed by the complainant. On the contrary, the counsel for the complainant categorically. Stated that he did not want to file the said application. We are of the considered view that application for condonation of delay .should have been filed by the complainant. Consequently, in the interest of justice, we grant time to the complainant to file the application for condonation of delay-explaining the reason as to why the present complaint is being filed after the expiry of two years from the date when the cause of action had arisen. The said application be filed within one month. Case to come up for further proceedings on 15.05.2013. Complaint dismissed.