Dipayan Bhakta And ANR v. State Of West Bengal And ORS.

28.02.2025 Ct.No.14 m/l. 484 ss

IN THE HIGH COURT AT CALCUTTA

CONSTITUTIONAL WRIT JURISDICTION (APPELLATE SIDE) W.P.A. 4506 of 2022 Sri Dipayan Bhakta & anr.

Vs.

State of West Bengal & ors.

Sk. Anwar Ali ... for the petitioners Mr. Atarup Banerjee Mr. Rajdeep Pramanik ... for the respondent no.2 Mr. Chittapriya Ghosh Mr. Goutam Acharya ... for the respondent no.6 The petitioners, challenging the bills raised by the hospital, lodged a complaint before the West Bengal Clinical Establishment Regulatory Commission. The Commission considered the complaint of the petitioners and passed order on 17th November, 2021. The petitioners are aggrieved by the same.

On a perusal of the order of the Commission, it appears that the total medical cost bill, which was raised, was of Rs.4,79,322/-. The petitioners paid Rs.1.5 lakh and got the patients discharged from the hospital. The Commission took note of the fact that the hospital took a humane approach and released the

patients as per the advice of the treating doctor. The Commission refused to interfere in the issue. It appears that the Commission considered the grievance raised by the petitioners and after hearing the parties passed necessary order.

The petitioners also claimed to be aggrieved by the manner in which the patients were treated. The Commission has held that the treatment protocol is outside its domain.

As it appears that the Commission has already disposed of the complaint of the petitioners, the Court does not find any reason to interfere with the same. If the petitioners are still aggrieved by the manner in which the patients were treated, it will be open for the petitioners to approach before the competent forum in accordance with law, if so advised.

W.P.A. 4506 of 2022 stands disposed of.

Urgent photostat certified copy of this order be supplied to the parties, if applied for, as early as possible. < (Amrita Sinha, J.)