This complaint is filed by the Complainant u/S 12 of the Consumer protection Act, 1986 alleging medical negligence against the OPs as the OPs have failed to provide medical treatment to her as per the standard medical protocol as well as practice.
At the very outset of the argument it is noticed by us that the petition of complaint filed by the complainant is not supported by affidavit, which according to the settled Law is mandatory. In the reportable Judgment passed by the Honble Supreme Court in the case of Dr. J.J. Merchant & Ors. vs. Shrinath Chaturvedi passed in the Appeal(Civil) 7975 of 2001 Dt- 12.08.2002 Their Lordships have held that the Petition of complaint as well the Defense Version should be accompanied by documents and affidavits upon which parties intent to rely. Admittedly it was the duty of the concerned person of this Office before whom filing of the complaint was made to advise the complainant to file the complaint supported by affidavit. It is stated by the complainant that at the time of filing of this complaint the concerned Office did not raise any objection and accepted the complaint for filing. Subsequently during admission hearing also no objection was raised by the Ld. Forum directing the complainant to file the complaint supported by affidavit or to file an affidavit on the Stamp Paper mentioning that the averment as mentioned in the petition of complaint is true to her knowledge.
Cont2 We have noticed that the W/Vs filed by the OPs are supported by affidavit, therefore the petition was complaint has lost its Legal sanctity. It is submitted by the complainant during argument that evidence on affidavit has been adduced by her. But it is the settled Law that as the averment in the petition of complaint is not supported by any affidavit, the evidence cannot support in that respect.
Therefore as the petition of complaint has not been filed by the complainant maintaining the Settled Law, we are not in a position to pass any Judgment considering the said Consumer Complaint.
Going by the foregoing discussion hence it is ordered that the complainant is dismissed as the same has not been filed in accordance with Law. However the complainant is at liberty to file afresh on affidavit before the appropriate Forum, if not barred otherwise.
Be it mentioned that the petition of complaint being defective one, we are not inclined to enter into the merit of this complaint.
Let plain copy of this order be given to the parties free of cost as per the CPR, 2005.
Member President Dictated & Corrected by [HON'BLE MR. Bankim Chandra Chattopadhyay] PRESIDENT [HON'BLE MS. Shilpi Majumdar] MEMBER
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