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SHEULI DAS v. KANCHAN BHATTACHARYA

Supreme Court of India | Diary 10226/2023

Status

ROP - of Main Case

Decided On

05-07-2023

Bench

HON'BLE MR. JUSTICE SURYA KANT and HON'BLE MR. JUSTICE DIPANKAR DATTA

Petitioner

SHEULI DAS

Respondent

KANCHAN BHATTACHARYA

Primary Holding

Concurrent findings of fact by consumer forums on the issue of medical negligence and deficiency in service are not interfered with in special leave jurisdiction absent any perversity or legal error warranting intervention.

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Full Judgment Text

1 ITEM NO.12 COURT NO.5 SECTION XVII-A S U P R E M E C O U R T O F I N D I A RECORD OF PROCEEDINGS SPECIAL LEAVE PETITION (CIVIL) ……………...Diary No(s).10226/2023 (Arising out of impugned final judgment and order dated 01-12-2022 in FA No.838/2013 passed by the National Consumers Disputes Redressal Commission, New Delhi) SHEULI DAS Petitioner(s) VERSUS KANCHAN BHATTACHARYA & ANR. Respondent(s) (IA No.75692/2023-CONDONATION OF DELAY IN FILING and IA No.75693/2023-EXEMPTION FROM FILING C/C OF THE IMPUGNED JUDGMENT) Date : 05-07-2023 This petition was called on for hearing today. CORAM : HON'BLE MR. JUSTICE SURYA KANT HON'BLE MR. JUSTICE DIPANKAR DATTA For Petitioner(s) Mr. Abinash Kumar Mishra, AOR Mr. Gaurav Kr Pandey, Adv. Mr. Prabir Guha Roy, Adv. For Respondent(s) UPON hearing the counsel the Court made the following O R D E R 1. Delay condoned. 2. We have heard learned counsel for the petitioner at a considerable length and carefully perused the material placed on record. 3. The State Consumer Disputes Redressal Commission, West Bengal as well as the National Consumer Disputes Redressal Commission, New Delhi, after thorough consideration of the material placed on record and upon analysis of the relevant medical jurisprudence coupled with the principles laid down by this Court from time to time, have concurrently come to a definite conclusion that there is no evidence of negligence or deficiency in the treatment provided by the respondents to the deceased husband of the petitioner.

2 4. That being a pure finding of fact, we are satisfied that no case to interfere with the impugned order dated 01.12.2022 passed by the National Consumers Disputes Redressal Commission, New Delhi is made out. 5. The Special Leave Petition is, accordingly, dismissed. 6. As a result, pending interlocutory application also stands disposed of. (SATISH KUMAR YADAV) (PREETHI T.C.) DEPUTY REGISTRAR COURT MASTER (NSH)

ITEM NO.16 COURT NO.6 SECTION XVII-A S U P R E M E C O U R T O F I N D I A RECORD OF PROCEEDINGS SPECIAL LEAVE PETITION (CIVIL) Diary No(s). 10226/2023 (Arising out of impugned final judgment and order dated 01-12-2022 in FA No. 838/2013 passed by the National Consumers Disputes Redressal Commission, New Delhi) SHEULI DAS Petitioner(s) VERSUS KANCHAN BHATTACHARYA & ANR. Respondent(s) ( IA No.75692/2023-CONDONATION OF DELAY IN FILING and IA No.75693/2023-EXEMPTION FROM FILING C/C OF THE IMPUGNED JUDGMENT ) Date : 24-04-2023 This petition was called on for hearing today. CORAM : HON'BLE MR. JUSTICE DINESH MAHESHWARI HON'BLE MR. JUSTICE DIPANKAR DATTA For Petitioner(s) Mr. Abinash Kumar Mishra, AOR (NP) For Respondent(s) The Court made the following O R D E R None present for the petitioner. List this matter in the month of July, 2023. (NEETU KHAJURIA) ASTT. REGISTRAR-cum-PS (RANJANA SHAILEY) COURT MASTER

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