This is a case filed by Sahalam Shaik and Nargis Shaik against Jagannath Gupta Institute of Medical Science and Hospital, the General Manager, Jagannath Gupta Institute and Medical Science and Hospital and the Medical Superintendent, Jagannath Gupta and Medical and Science and Hospital with a prayer for a direction upon the OPs to pay the amount of Rs. 1,05,027/- with 18% interest, to pay Rs. 1,00,000/- as compensation for harassment and mental agony and to pay Rs. 1,00,000/- only towards litigation charges. ]

  OP no. 1 is Jagannath Gupta Institute of Medical Science and Hospital. The address is the village Bishnukhanra, K.P. Mondal Road, P.O.- Bhutia, P.S. Nodakhali, Budgebudge, Dist. 24 pgs south, Pin – 700137.

  OP no. 2 is The General Manager, Jagannath Gupta Institute of Medical Science and Hospital.

  OP no. 3 is The Medical Superintendent, Jagannath Gupta Institute of Medical Science and Hospital.

  The complainant by filing the case states that, he was admitted to Jagannath Gupta Institute of Medical Science and Hospital for his knee transplantation. The complainant was admitted on 06.09.2018. As per, the suggestion of orthopedic doctor some tests were done for the preparation of the operation. After admission, the hospital doctor induced some other tests, from where it was found that his sugar-level was high, the doctors suggested complainant not to undergo the knee transplantation or there would be chance of ganglia. The blood test report was also not adequate. The doctor suggested the complainant to undergo other tests. The complainant was under treatment in the hospital.  But the doctor failed to detect the problem of the complainant. He was referred to the ICCU. The staffs treated him very badly. The complainant was detained at the hospital without showing any valid reason. As a result, there was bed shore, and blue scars on his body. The complainant was detained for more than 40 days. All the reports, even the C.T Scan was considerably good accepting high ammonia level. At last the complainant was released on personal bond. The family members of the complainant had to spend long period of time at the hospital. Without detecting the disease, the complainant was detained at the hospital for a long period. The hospital authority detained him for earning money. It is an example of deficiency of service. The complainant issued legal notice on 29.11.2018 which was received by the OP hospital. But the hospital did not care to reply to the legal notice. 

  The complainant would be highly prejudiced if his prayer is not allowed.

  The complaint filed is within the jurisdiction of the ld. commission. The complainant hereby prays for directing the OPs to pay the amount of Rs. 105027/- only with 18% interest, to pay compensation to the tune of Rs. 100000/- only to the complainant for harassment and mental agony, to pay Rs. 100000/- towards litigation charges.

  The OPs in their Written Version state that, the instant case is not maintainable in its present form either in law or in facts. The complainant has no cause of action to file the instant case. The instant case does not come within the scope, extent and provisions of Consumer Protection Act.

  OPs states that , each and every allegation made in the instant case will be deemed to be denied. The complainant has to submit records and documents to prove his statement. OPs state, on evaluation from different investigation report and consultations from department, it is revealed, that his C - reactive protein, Ammonia, including his blood sugar-level was very high, including his psychiatric condition was abnormal. There was a high chance, post operative complications including Peri-operative morbidity. The complainant was admitted on 06.09.2018 but the family members of the complainant number 1 refused to take discharge on repeated occasions with the request to undergo necessary treatment by admitting him to the JIMS Hospital. The complainant was shifted to psychiatric department on 14.09.2018 for treatment of psychiatric problems. He was shifted to ICU for sepsis and metabolic encephalopathy, the complainant no. 1 was shifted to HDU. His condition was improved partially. He was restless. The complainant was advised for certain investigations , which were not available at JIMS Hospital. But the patient could not be discharged for his extreme restlessness. Again neurological consultation was taken. His limbs were restrained for taking advice from the patient’s relatives. The complainant further developed hypernatremia, i.e., high concentration of sodium in blood. He was treated for that. In spite of that, he was discharged on 12.10.2018. The OPs state that , the complainant no.1 was detained at the hospital for larger period due to his deteriorating medical condition. OPs further state that the allegations leveled against them was baseless. The aim of the JIMS Hospital is to earn money. The OPs pray for dismissal of the instant complaint. 

  The complaint was filed on 07.01.2019 and admitted on 17.01.2019. On 18.03.2019 OPs filed WVs with copies. On 23.04.2019, the complainant files Evidence on affidavit. Copy was served. On 02.07.2019, OPs files Questionnaires. ON 29.07.2019 the complainant files reply. ON 09.09.2019, the OPs prays for treating his Written Version as Evidence on Affidavit. The prayer was allowed. On 09.12.2019, the complainant was ordered to bring the treatment sheets of Ruby General Hospital. On 17.12.02021, the OPs were also directed to file the treatment papers of the complainant. On 28.01.2022, no treatment sheets have been filed by the OPs. On 10.03.2022, No copy of medical certificate was filed by the OPs. On 18.05.2022, the complainant files documents separately. The Ld. Lawyer of OP No. 1, Mr. A. K. Sautya files a letter of authorization. No power was filed by the OP No. 1, On 12.09.2022, arguments of the complainant was heard. OPs were absent on calls. Accordingly, we proceeded for giving Judgment.

 

1. Are the complainants consumers?

2. Are the OPs guilty of deficiency in service and unfair trade practice?

3. Are the complainants entitled to get relief as prayed for?

 

1. On perusal of records and documents, it appears that, the complainant no. 1 was admitted to Jagannath Gupta Institute of Medical Science and Hospital, situated at Bishnukhanra, K.P. Mondal Road, Pin-700137 on 06.09.2018 for knee transplantation. Beforehand, the complainant no. 1 had to undergo certain tests as directed by the concerned physicians. The blood test report was not satisfactory. Besides, he had a numerous tests. Jagannath Gupta Institute of Medical Science and Hospital is a private hospital. The complainant no. 1 had to pay for the medical expenditure. So it decided that the complainants are consumers U/S 2(7) of Consumer Protection Act, 2019.

2. The complainant no. 1 became the victim in the hands of doctors of OP no.1. He was admitted on 06.09.2018 for knee surgery. But the doctors suggested him, that, he had to undergo certain tests.  It was done, but the problem was not solved. The complainant no. 1 is a 56 year old person. As such the complainant no. 1 was leading a normal life except the problem of knee. But, at the hospital the complainant was put to ICCU on 27.09.2018 without concern of his family members. The hospital authorities behaved with him in a peculiar fashion. The complainant remained senseless many a time. He developed bedsore at the lower right portion. In this concern, several tests were made. A huge bill was incurred. The cause of detention at the hospital for more than 40 days remained unknown to the family members of complainant no.1. The complainant no. 1 was treated very badly at the hospital. He was detained by the hospital authority for earning money. As the doctors suggested complainant no. 1 not to operate the knee, the tests could have done expeditiously. No sufficient cause was shown by the OPs for detaining the complainant no.1 for such a long period of time. It appears that, it was nothing but the way of earning money by showing some excuses of the complainant no.1’s ailments. All the activities show deficiency of services and unfair trade practices by the OPs for a considerable amount was spent by the complainant no. 1, though there was no surgery. Hence, the second point was decided in favour of the complainants and against the OPs.

3. The OPs in their Written Version sated that the complainant no.1 had to undergo several tests, but the treatment was not complete. The complainant had to go to Ruby General Hospital for treatment. It is pertinent to mention that, the cause of illness along with suggestions for follow-up programmes in the discharge summary was not clearly mentioned. The cause of prolonged detention may be best known to the OPs, but the complainant no.1 and 2 failed to comprehend the cause of detention for such a long period. On the contrary, the complainant no.1 became sick while remaining at the Hospital. The complainant no. 1 and 2 were harassed by the Hospital authority. The complainant no. 1 had to be shifted to the Ruby General Hospital. He was discharged from here, on 30.10.2018. in the discharge summary, they mentioned foliate deficiency. He was advised to take rests for several days. The complainant no. 1 and 2 spent time in mental agony. The Complainant no. 2 wondered if the complainant no. 1 was suffering from such unknown disease. The patient party was scared, because nothing was effected on the discharge summary. Hence, the third point is decided in favour of complainants and against the OPs. The complainant no. 1 suffered for the medical negligence adopted by the OPs. 

 

In the result, the Complaint case succeeds. Hence, it is

 

                                                                                  ORDERED

  That the complaint case be and the same is allowed on contest against the OPs with cost of Rs. 20,000/-.

  That the OPs jointly or severally are directed to pay RS. 105027/- with 10% p.a.  w.e.f. 06.09.2018 till realization within 60 days from the date of this order.

  That the OPs jointly or severally are directed to pay compensation to the tune of Rs. 50000/- to the complainants no. 1 and 2 within 60 days from the date of this order for deficiency in service, harassment, mental pain and agony suffered by the Complainant.

  That the litigation cost of Rs. 20000/- is to be paid within the stipulated period of 60 days.

  That the complainants are at liberty to put the order into execution if the orders are not complied with within the 60 days from the date of this order.

 

  Let a copy of this order be supplied to the parties concerned.

 That the final order will be available in the following website namely: