DISTRICT CONSUMER DISPUTES REDRESSAL FORUM-II

Udyog Sadan, C-22 & 23, Qutub Institutional Area

(Behind Qutub Hotel), New Delhi-110016

Case No.19/2012

Sh. Ashok Kumar Gupta

S/o Late Sh. D.R. Gupta

C-68, Chander Nagar,

Ghaziabad UP.

                                                                                      ….Complainant

Versus

1. All India Institute of Medical Science,

Through its Director

Ansari Nagar, New Delhi.

2. Dr. Usha Gupta,

All India Institute of Medical Science,

Ansari Nagar, New Delhi.

3. Dr. Kavita  Chaterjee

All India Institute of Medical Science,

Ansari Nagar, New Delhi.

                                                                                   ….Opposite Parties

                                                Date of Institution        : 13.01.12       Date of Order                : 07.06.19

Coram:

Sh. A.S. Yadav, President

Ms. Kiran Kaushal, Member

Ms. Kiran Kaushal, Member

ORDER

1. Brief facts of the complaint as stated by the complainant are:-

The complainant, Ashok Kumar Gupta went to AIIMS Hospital (OP-1) on 13.06.2000 to donate blood on humanitarian grounds along with three of his office colleagues The complainant was fit and healthy when he went to OP-1 hospital to donate blood.

1. The complainant alleges gross medical negligence on part of Dr. Usha Gupta (OP-2) the CMO senior blood transfusion officer at the blood bank at AIIMS (OP-1), New Delhi and Dr. Kavita Chatterjee (OP-3), the doctor concerned on duty on the aforesaid date.
2. It is alleged that the said doctors did not complete the mandatory medical formalities before and after doing the blood transfusion of the complainant. It is further alleged that as the doctors were in hurry as their duty was finishing at 03.00PM, the B.P., before and after donating the blood, was not checked. No refreshment / nourishment was provided to the complainant after donating the blood. He was not advised to sit and rest for a while rather he was asked to leave the room immediately,. When the complainant asked for refreshment he was told to go away and drink water. The complainant reported drowsiness, weakness and nervousness but was not attended by the doctor there. The complainant went to the bathroom and fell down on the floor of the bathroom in at AIIMS. Due to the fall in AIIMS after donating blood, the complainant sustained serious cervical/ spinal bone injury i.e. fractures sublimation C5/C6. Due to said injury his body parts including both hand and leg /foot and lower parts of body were affected immediately and were paralyzed.
3.  It is also alleged that the complainant was taken to the emergency ward at about 04.50 PM whereby considerable amount of time was lost.  Though admitted to the Emergency ward, he was not immediately treated by the doctors of the said hospitals for many hours. Complainant alleging carelessness and negligence on the part of the OPs prayed to compensate the complainant with directions to OPs to pay Rs.20,00,000/- with interest at the rate of 18% per annum.

2. Pleadings and evidence in the complaint are complete. Written arguments have been filed on behalf of the parties. Ld. Counsels of the parties have advanced their oral arguments.
3. It is noticed that the complainant had filed a writ petition in the Hon’ble High Court of Delhi wherein the court ordered for constitution of the medical board. The medical board gave its findings wherein inter-alia it was opined that there was no negligence on the part of OPs.
4.  The complainant filed objections to the said report of the Board. The Hon’ble High Court was of the opinion that in case the complainant wants to challenge the report of the Board it can be done only in a suit or other appropriate proceedings where witnesses can be examined. The relevant portion of the order dated 22.07.2011 in W.P.(c) 9562/2003 & CM No. 14204/2003 is reproduced as under:-

“6. The objections to the report of the Board, raised by the counsel for the petitioner are however such which cannot be adjudicated without examination and cross examination of witnesses. It is not possible to adjudicate the said contentions in this jurisdiction. It is thus in any case felt that the challenge to the report of the Board can be made only in a Suit or other appropriate proceedings where witnesses can be examined and not by way of this petition.”

5. In view of the findings recorded by the Hon’ble High Court as noticed above, this Forum cannot adjudicate and hold that the OPs were negligent and careless. Clean chit given to OPs by the Medical Board cannot be undone by the Forum as Summary Procedure is followed under Consumer Protection Act, 1986. There is no provision under this Act to examine and cross examine the witnesses. Hence, the complaint is dismissed with liberty to approach the appropriate Forum.
6.  However, it may be mentioned that during oral submission, Shri Nikhil Mehra Counsel for OP-1 had volunteered on behalf of OP-1 to provide free medical aid/ treatment to the complainant. We appreciate the gesture of OP-1 and formalize it by directing OP-1 to provide medical aid/ treatment to the complainant free of cost as and when required.  

Let a copy of this order be sent to the parties as per regulation 21 of the Consumer Protection Regulations.  Thereafter file be consigned to record room.

Announced on 07.06.19