Sri Jagadish Chandra Barman, MEMBER,
The facts leading to the filing of the instant case by the complainant may be epitomized as follows:-
The complainant is the husband of Mrs. Jinata Begum. Mrs. Jinata Begum was a patient for medical treatment for a long period of time. As per verbal instruction, her [Mrs. Jinata Begum] husband Sk. Munnaf Ali, Son of late Sk. Moslem Ali, Village-Kalipur, P. O.- Purba Nishchintapur, P. S.- Budge Budge, Kolkata-700138 filed this instant C. C. No-06/2019 on 10/01/2019 before this Ld. Commission, Baruipur under section 12 of the Consumer Protection Act 1986.
As per statement, Mrs. Jinata Begum had some gynaelogical problem and she met with Prof. O. P. No-3, [Dr. Partha Sarathi Sinha], consultant Gynaecologist & Obstetrician, for check up at Radha Medical,Budge Budge, P.S.- Budge Budge, Kolkata-700137.The said Prop. O. P. No-3 advised some lab. tests and O. T. in his prescription dated 30.01.2017, & 20.02.2019. Some pathological tests were done. But due to her monetary problem, further treatment was not done by the patient under Dr. Partha Sarathi Sinha. Then, the patient, Jinata Begum, went to Shambhunath Pandit Hospital [ Prof. O. P. No- 1].
As per advice of the Doctor, the patient took admission on 22.02.2017 in the Shambhunath Pandit Hospital under the supervision of Dr. Bishwajit Sarker, Medical Officer[ here O. P. No- 2]. The said patient was under treatment from 22.02.2017 to 02.03.2017. Some pathological tests like biopsy etc. were done and the patient [Jinata Begum] was discharged on 03/03/2017. Though the patient was not recovered fully, yet the patient was discharged. As per statement the concerned Dr. Bishwajit Sarker, would not available in the said hospital for few days; but Dr. Bishwajit Sarker, did not hand over the patient for treatment to another Doctor. The patient was advised to take admission again on 15/3/2017 in the Shambhunath Pandit Hospital .
As per instruction of the O. P. No- 2 Doctor, the patient again went to the Shambhunath Pandit Hospital and took admission on 15/03/2017.In this time, Dr. Bishwajit Sarker of Shambhunath Pandit Hospital did operation of Fibroid Uterus of the patient but after examination of total abdominal hysterectomy with bylateral salpingo-ophorectomy [ T. A. H.+ BSO] on 17/3/2017 with the presence and assistance of Anaesthesia. The said patient was discharged on 28/3/2017. The O. P. No- 2 Doctor then advised the patient to check up later at Arti Nursing Home, 539, M.G Road, Budge Budge[Chourasta], P.S.- Budge Budge,Kolkata-700137.
The complainant Sk. Munnaf Ali stated that his wife was not recovered at all but discharged from the said hospital. After coming back in the house, the patient felt same problem with severe abdominal pain and then started continuous involuntary discharge of urine into vaginal vault .As per statement, the patient did not have this problem before. Thereafter, the complainant took his wife to the Arti Nursing Home on 01.4.2017 and the O. P. 2, Dr. Bishwajit Sarker checked the patient and collected his fees Rs. 300/- only from the patient. The O. P. 2 Dr. Bishwajit Sarker then advised the patient to meet in the Shambhunath Pandit Hospital. The patient went to the Shambhunath Pandit Hospital on 12.4.2017 and took admission under the supervision of O. P. 2 Dr. Bishwajit Sarker. O. P. 2 Dr. Bishwajit Sarker did the excision of submistract in the presence of Anaesthesia. Thereafter, dressing was also done. O. P. 2 Dr. Bishwajit Sarker then advised the patient again to meet later at Arti Nursing Home.
The O. P. 2 Dr. Bishwajit Sarker was attached with the Arti Nursing Home. As per advise of the said Doctor, the patient Jinata Begum met with him [Doctor] on 28/5/2017 for check up and paid fees Rs. 300.00 only . The said Doctor prescribed medicine and the patient followed that. But the patient did not recover from her illness. The said Dr. did not refer the patient to any Medical College/better Hospital for better treatment.
Hence, the patient went to another Doctor Prabir Chatterjee[ here Prof. O. P. No 4] on 13.6.2017 in the chamber Maa Sarada Seba Kendra, Charial More, Budge Budge, for proper treatment. After careful examination of all reports and check up, the said Doctor Prabir Chatterjee told the patient that she had been suffering from ‘Vesicovaginal Fistula disease and after prescription advised her[Jinata Begum] to meet with Doctor Purokait.
Therefore, the patient Jinata Begum went to meet Dr. Dilip Purkait at Shibarampur Nursing Home, Jote Shibarampur, P. S.- Maheshtala on 28/6/2017[ here Prof. O. P. No-5]. After going through the reports and thoroughly check up of the patient’s physical condition, Dr. Purokait advised her to meet with Dr. Suresh Kr. Bajoria at NH, Rabindra Nath Tagore International Institute of Cardiac Sciences, Premise no-1489, 124 Mukundapur for better treatment.
So, the patient went to Prof. O. P. No- 6 Dr. Suresh Kr. Bajoria on 06/07/2017. After going through all reports and thoroughly check up of the patient’s physical condition, Dr. Suresh Kr. Bajoria advised the patient to take admission in the Rabindra Nath Tagore International Institute of Cardiac Sciences. The patient was admitted in the Institution on 16.8.2017 . After some lab tests and previous test reports, Dr. S. K. Bajoria affirmed that the patient had been suffering then from`Vesicovaginal Fistula`which was a result of wrong treatment and operation done on 17/3/2017 by Dr. Bishwajit Sarker at Shambhunath Pandit Hospital . Hence, the Doctor S. K. Bajoria had done operation successfully on 17/8/2017 at Rabindra Nath Tagore International Institute of Cardiac Sciences. The patient Jinata Begum was recovered from the said disease for the proper treatment under Dr. S. K. Bajoria and was released/discharged from the said Institution on 23.8.2017.Since then the patient has been passing her days in well condition. But this sufferings was the result of wrong treatment and operation done on 17/3/2017 by Dr. Bishwajit Sarker at Shambhunath Pandit Hospital.
The Complainant sent a legal notice to the O. P. No-2 Dr. Bishwajit Sarker to his abovementioned address on 20.8.2017 claiming Rs. 80,000.00 only for hospitalization cost, Rs. 40,000.00 only as diagnostic and medicines expense and Rs. 2,00,000.00 only as compensation amount for unfair trade practice and deficiency in service. But the legal notice was not served satisfactorily but returned with the remarks ‘unclaimed’ which tantamounts to good service.
In this case, the complainant has prayed for proper adjudication of the instant case in this Ld. Commission and sought for the following relieves:-
- To issue an order to the opposite parties no 1 and 2 to pay a sum of Rs. 20,000.00 only as medical expense incurred at the time of operation dated 17/3/2017 in the S. N. P. Hospital.
- To issue an order to the opposite party no 2 to pay a sum of Rs. 80,000.00 only for Hospital Bill and to pay a sum of Rs. 40,000 only for diagnostic Investigation and medicine`s cost to the patient .
- To issue an order to the opposite party no-2 to pay a sum of Rs. 2,00,000.00 only as compensation for deficiency of service and unfair trade practice ;
4. To issue an order to the opposite parties to pay a sum of Rs. 20,000.00 only as cost of litigation;
5. To issue any other order to the opposite parties as the Hon`ble Commission may deem fit.
The show cause notices were sent to all opposite parties in time and all show cause notices were served satisfactorily. Except O. P.No-1, all opposite parties filed their written version in time. But O. P. no 1 neither appeared nor filed any written version. Hence, O. P. No-1 was declared as ‘Ex-parte’ on 27/01/2019.
In the W. V. O. P. 2 Doctor Bishwajit Sarkar, has stated that this instant case is not maintainable and has denied each and every allegation mentioned in the complaint petition. The opposite party no-2 has also stated that there is no cause of action to file this complaint petition against the O. Ps. In the reply the O. P. 2 Doctor has pointed out that in this case, no expert opinion has been taken. . Hence, it is liable to be dismissed.
It is admitted by O. P. 2 Doctor that the patient Mrs. Jinita Begum came before him on 12.04.2017 for treatment in the Shambhu Nath Pandit Hospital which is a Government Hospital. He advised the patient to do some lab tests like blood tests, chest x-ray, ECG, USG etc. It was done by the patient and O. P. 2 Doctor had done operation after taking written consent of the guardian It is also pointed out that TAH and BSO were done under anaesthesia completely free of cost. The patient was discharged after few days with full satisfaction with advice to come again for check up.
The patient did not turn for check up in the S. N. P. Hospital, but the patient was checked up by the O. P. 2 Doctor outside the Hospital on 28/5/2017 as per para 6 of the W. V. and no serious problem was detected. But the said Doctor prescribed medicines and advised to meet again after 7 days.
As per statement of the O. P. 2 Doctor, that some complications arise early and some develops later. Development of some complications after surgery depends upon nutrition, immunity power, care, rest hygiene, care of private parts, taking of medicines in time etc. by the patient. But the patient did not turn up later before him for check up. So there is no unfair trade practice/ deficiency in service occurred on behalf of the O. P. 2 Doctor.
The Prof. O. P. No-3 Doctor has stated in his w. v. that the patient Mrs. Jinita Begum came to him on 30.01.2017 with heavy bleeding and blood clots. After thorough checking, the Prof. O. P. No-3 Doctor had prescribed medicines to follow. The patient also came before the said Doctor on 20.2.2017 with the test reports. On perusal of the test reports, the Prof. O. P. No-3 Doctor found that Haemoglobin was 8.9 that indicated Anaemia, Thyroid was normal, Prolactin was less than normal and USG report showed a bulky Uterus with a large fundal myoma. Thereafter, the Prof. O. P. No-3 Doctor advised to take medicines and to do some lab tests. On the other hand, the Complainant has not framed any allegation against the Prof. O. P. No-3 Doctor and has not claimed any relief .
The Prof. O. P. No-4 Doctor has stated in his w. v. that the patient Mrs. Jinita Begum came to him on 13.06.2017 at his chamber in the Maa Sarada Seba Niketan Kendra with the complaint of burning sensation during micturition with continuous involuntary discharged urine into vaginal vault due to urinary tract infection owing to constant connection between urinary bladder and outside. On perusal of the medical documents the Prof. O. P. No-4 Doctor found that an operation was done on 15.3.2017 by O. P. No-2 Doctor viz. total abdominal hysterectomy with bilateral sulphingo ophorectomy[ TAH+BSO].Then the Prof. O. P. 4 Doctor prescribed some medicines to give the patient instant relief from urinary tract infection. After discussion with the patient and guardian, Prof. O. P. No-4 Doctor referred the patient to Dr. Dilip Purkait. The Complainant has not framed any allegation against the Prof. O. P. No-4 Doctor and has not claimed any relief .
The Prof. O. P. No-5 Doctor has stated in his w. v. that the patient Mrs. Jinita Begum came to him on28/6/2017. After perusal of the medical documents, the Prof. O. P. No-5 Doctor has referred the patient to Suresh Kr. Bajoria for better treatment .Thereafter, the patient never come before him. Thus, there is no unfair trade practice/ deficiency in service on the part of him.
The Prof. O. P. No-6 Doctor has stated in his w. v. that the patient Mrs. Jinita Begum came to him on 06/07/2017. After going through all reports and thoroughly check up of the patient’s physical condition, Dr. Suresh Kr. Bajoria advised the patient to take admission in the Rabindra Nath Tagore International Institute of Cardiac Sciences.
The patient then admitted in the R. N. Tagore Int. Institution on 16.8.2017 . After some lab tests and previous test reports, Dr. S. K. Bajoria affirmed that the patient had been suffering from postoperatively developed incontinence mentioned it as Vesicovaginal Fistula`. Hence, the Doctor S. K. Bajoria had done operation successfully on 17/8/2017 in the Rabindra Nath Tagore International Institute of Cardiac Sciences. The patient Mrs. Jinata Begum took some prescribed medicines and she was recovered from the said disease for the proper treatment under Dr. S. K. Bajoria and she was released/discharged from the said Institution on 23.8.2017. Hence, there is no unfair trade practice/ deficiency in service on the part of him.
Upon the averments of the complaint petition, written versions filed by the O.Ps., the following points are formulated:-
POINTS FOR DETERMINATION
1]. Is the complainant a ‘ Consumer’?
2] Are the O. Ps. guilty of deficiency in services and unfair trade practice as alleged by the complainants?
3] Is the complainant entitled to get relief /relieves as prayed for?
EVIDENCE/BNA OF THE COMPLAINANTS
The complainant filed a petition on 17/4/2019 to treat his complaint petition as evidence on affidavit and it was allowed. O.P. No-3, 4 filed Evidence on affidavit on 5.7.2019 and O. P. No- 2, 5 & 6 filed an applications to treat their W. V. as evidence of affidavit and their applications were allowed. Both sides filed their separate BNAs in time.
DECICIONS WITH REASONS.
Points no. 1, 2, & 3.
The Complainant Sk. Munnaf Ali is the husband of Mrs. Jinata Begum. Mrs. Jinata Begum was a patient for medical treatment for a long period of time. As per verbal instruction, her [Mrs. Jinata Begum] husband Sk. Munnaf Ali, filed this instant C. C. No-06/2019 on 10/01/2019 before this Ld. Commission, Baruipur under section 12 of the Consumer Protection Act 1986.
Mrs. Jinata Begum had some gynaelogical problem and she met with Prof. O. P. No-3, [Dr. Partha Sarathi Sinha], consultant Gynaecologist & Obstetrician, for check up at Radha Medical,Budge Budge, P.S.- Budge Budge.
. The said Prop. O. P. No-3 advised some lab. tests and O. T. in his prescription dated 30.01.2017, & 20.02.2019. Some pathological tests were done. But due to her monetary problem, further treatment was not done by the patient under Dr. Partha Sarathi Sinha. Then, the patient, Mrs. Jinata Begum, went to Shambhunath Pandit Hospital [ Prof. O. P. No-1]
As per advice of the Doctor, the patient took admission on 22.02.2017 in the Shambhunath Pandit Hospital under the supervision of Dr. Bishwajit Sarker, Medical Officer[ here O. P. No- 2]. The said patient was under treatment from 22.02.2017 to 02.03.2017. Some pathological tests like biopsy etc. were done and the patient [Mrs Jinata Begum] was discharged on 03/03/2017.
As per instruction of the O. P. No- 2 Doctor, the patient again went to the Shambhunath Pandit Hospital and took admission on 15/03.2017.In this time, Dr. Bishwajit Sarker of Shambhunath Pandit Hospital did operation of Fibroid Uterus of the patient but after examination of total abdominal hysterectomy with bylateral salpingo-ophorectomy [ T. A. H.+ BSO] on 17/3/2017 with the presence and assistance of Anaesthesia. The said patient was discharged on 28/3/2017. The O. P. No- 2 Doctor then advised the patient to check up later at Arti Nursing Home, 539, M.G Road, Budge Budge.
After coming back in the house, the patient felt same problem with severe abdominal pain and then started continuous involuntary discharge of urine into vaginal vault .As per statement, the patient did not have this problem before. Thereafter, the complainant took his wife to the Arti Nusing Home on 01.4.2017 and the O. P. 2, Dr. Bishwajit Sarker checked the patient and collected his fees Rs. 300/- only from the patient. The O. P. 2 Dr. Bishwajit Sarker then advised the patient to meet in the Shambhunath Pandit Hospital. The patient went to the Shambhunath Pandit Hospital on 12.4.2017 and took admission under the supervision of O. P. 2 Dr. Bishwajit Sarker. O. P. 2 Dr. Bishwajit Sarker did the excision of submistract in the presence of Anaesthesia. Thereafter, dressing was also done. O. P. 2 Dr. Bishwajit Sarker then advised the patient again to meet later at Arti Nursing Home.
The O. P. 2 Dr. Bishwajit Sarker was attached with the Arti Nursing Home. As per advise of the said Doctor, the patient Mrs. Jinata Begum met with him [Doctor] on 28/5/2017 for check up and paid fees Rs. 300.00 only . The said Doctor prescribed medicine and the patient followed that. But the patient did not recover from her illness. The said Dr. did not refer the patient to any Medical College/better Hospital for better treatment.
Thereafter, the complainant took her wife to DR. Prabir Chatterjee. Dr. Prabir Chatterjee said that the patient had been suffering from ‘Vesicovaginal Fistula’ and referred her to DR.Dilip Purkait . Dr. Dilip Purkait had also referred the patient Mrs. Jinata Begum to Dr. Suresh Kumar Bajoria for better treatment. Dr. Suresh Kumar Bajoria
The patient was admitted in the Institution on 16.8.2017 . After some lab tests and previous test reports, Dr. S. K. Bajoria affirmed that the patient had been suffering then from`Vesicovaginal Fistula`which was a result of wrong treatment and operation done on 17/3/2017 by Dr. Bishwajit Sarker at Shambhunath Pandit Hospital . Hence, the Doctor S. K. Bajoria had done operation successfully on 17/8/2017 at Rabindra Nath Tagore International Institute of Cardiac Sciences. The patient Mrs Jinata Begum was recovered from the said disease for the proper treatment under Dr. S. K. Bajoria and was released/discharged from the said Institution on 23.8.2017.
Therefore the patient’s treatment was started on 30.01.2017 and it had been continued up to 23.8.2017. The complainant had been incurring money for lab tests, purchasing of medicines from different medical stores from 30.01.2017 to 23.08.2017 . All monetary expense had been carried out by the Complainant Sk. Munnaf Ali.
Hence, the complainant Sk. Munnaf Ali is a ‘Consumer’ under definition of Section 2 (d) of the Consumer Protection Act 1986 and all O. Ps are service providers.
In relation to point for determination no. 2 “Are all O. Ps. guilty of deficiency in services, negligence and unfair trade practice’’ and for point no-3, “Is the complainant entitled to get relief /relieves as prayed for?”,- it is very much worthy to mention that the complainant ‘s wife Mrs. Jinata Begum was under treatment of Dr. Bishwajit Sarker in the Shambhu Nath Pandit Hospital from 22.02.2017 to 28/5/2017. Dr. Bishwajit Sarker also took Rs. 300.00 on 01.4.2017 and Rs. 300.00 only on 28/5/2017 in the Arti Nursing Home.
During the treatment in the Shambhu Nath Pandit Hospital under the supervision of Dr. Bishwajit Sarker, Dr. Sarker did operation of Fibroid Uterus on 17/3.2017 and did the excision of submistract in the S. N. P. Hospital. But the patient Mrs. Jinata Begum was not recovered from disease. After operation of Fibroid Uterus on 17/3.2017, the patient felt same problem with severe abdominal pain and then started continuous involuntary discharge of urine into vaginal vault .As per statement, the patient did not have this problem before. Even after the excision of submistract in the S. N. P. Hospital by the Dr. Bishwajit Sarker was not recovered from her disease.
During the treatment in the Shambhu Nath Pandit Hospital under the supervision of Dr. Bishwajit Sarker, the complainant had to do many lab tests in outside lab like Suraksha,etc and had to purchase many medicines from outside medical stores like Lily Medical Stores, Bibhuti Bhusan Blue Print, Elgin, Puja Medical etc. Hence, the patient did not get full free medical service in the S. N. P. Hospital. Some lab tests were done in the S. N. P. Hospital and some medicines were also supplied to the patient by the S. N. P. Hospital.
Hence, it is clear to us that the patient did not get total free service from the S. N. P. Hospital and treatment of the patient was not done properly.
It is also clear from the statement of Dr. S. K. Bajoria that the patient had been suffering from post-operatively developed incontinence mentioned it as Vesicovaginal Fistula`.
Ergo, O.P. No 1 Shambhu Nath Pandit Hospital and O. P. No. 2 Dr. Bishwajit Sarker both are liable to pay litigation cost Rs. 20,000.00 only, compensation amount Rs. 1,50,000.00 only for their deficiency in service and unfair trade practice. Both
O.P. No 1 Shambhu Nath Pandit Hospital and O. P. No. 2 Dr. Bishwajit Sarker are liable to pay 40,000.00 as diagnostic /lab tests and medicine purchase amount , Rs. 80,000.00 only for hospital bill and medical expense paid on 17/3/2017.
All payment should be borne by the O.P. No 1 Shambhu Nath Pandit Hospital and O. P. No. 2 Dr. Bishwajit Sarker either jointly or severally within 45 days from the date of issuing this order with 8% p. a simple interest.
As a result, the complaint case is succeeded.
Hence, it is
ORDERED
that the complaint case be and the same is hereby allowed on contest against the Opposite Party no 2 and Ex-parte against O. P. No 1 as follows:
O.P. No 1 Shambhu Nath Pandit Hospital and O. P. No. 2 Dr. Bishwajit Sarker both are liable either jointly or severally to pay litigation cost Rs. 20,000.00 [Rs. Twenty thousand] only, compensation amount Rs.1, 50,000.00 [Rs. One lac fifty thousand] only for their deficiency in service and unfair trade practice.
Both O. P. No 1 Shambhu Nath Pandit Hospital and O. P. No. 2 Dr. Bishwajit Sarker are liable either severally or jointly to pay 40,000.00 [ forty thousand] only as diagnostic /lab tests charge and medicine purchase amount , Rs. 80,000.00 [ eighty thousand] only to meet incurred hospital bill, medical expense etc.
All payment should be borne by the O.P. No 1 Shambhu Nath Pandit Hospital and O. P. No. 2 Dr. Bishwajit Sarker either jointly or severally within 45 days from the date of issuing this order with 8% p. a simple interest till realization
The complainant is given liberty to file an Execution case by using the machinery of this Ld. Commission against the Opposite Party nos. 1, & 2 after expiry of 45 days, if the order is not complied with.
Let copies of the order be supplied to all the parties concerned in either speed post /registered post free of cost as per rule.
The final order be also available in www.confonet.nic.in .
Prepared and Corrected by me.
( Sri Jagadish Chandra Barman)
(Member)
