DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION,

BATHINDA

CC No. 105 of 04-05-2023

Decided on : 16-05-2023

Murti Kaur aged about 38 years R/o Talwandi Sabo, Bathinda.

​........Complainant

Versus

1. Civil Hospital, Talwandi Sabo, Bathinda, through Senior Medical Officer/concerned official.

2. Dr. Amanpreet Singh Sethi, Medical Officer, Civil Hospital, Talwandi Sabo, Bathinda.

.......Opposite parties

3. Dr. Patwant Kaur Sidhu, Sidhu Multispecility Hospital, Natt Road, Talwandi Sabo.

4. Dr. Ashish Kansal, Sidhu Multispeciality Hospital, Natt Road, Talwandi Sabo.

.......Proforma Opposite Parties

Complaint under Section 35 of the Consumer Protection Act, 2019

QUORUM:-

Sh.Lalit Mohan Dogra, President

Sh. Shivdev Singh, Member

Present

For the complainant : Sh. Amandeep Mittal, Advocate.

For opposite parties : Not served.

ORDER

Lalit Mohan Dogra, President

1. The complainant Murti Kaur (here-in-after referred to as complainant) has filed this complaint U/s 35 of Consumer Protection Act, 2019, (here-in after referred to as 'Act') before this Commission against Civil Hospital, Talwandi Sabo and others (here-in-after referred to as opposite parties).

2. Briefly stated the case of the complainant is that on 15-10-2021, she consulted opposite party No.2 at his home regarding her illness as the complainant was suffering from acute febrile illness, dengue fever, vomiting, body-ache etc. from last 4 to 5 days and on the reference of opposite party No. 2, the complainant got admitted to the Civil Hospital at Talwandi Sabo, Bathinda on the same day i.e. 15-10-2021 at about 10:30 am for her treatment. At the time of admission to the Civil Hospital, Talwandi Sabo, the staff of Civil Hospital started the treatment of the complainant and she was given glucose through drips.

3. It is alleged that the complainant and her husband requested many times to the staff to call the doctor on duty for check-up, but they ignored the genuine requests of the complainant and due to the negligence of the opposite parties the complainant had to spent her night in pain as she was not feeling well and she was not given proper treatment. On 16-10-2021, at about 10:00 am, the opposite party No. 2 came to visit the complainant for the checkup. The blood sample was collected on the same day for conducting CVC test for checking the platelet count of the complainant and the report of the CVC test reported that the complainant's platelet count was just 21000 which can be dangerous and life threatening for the patient and after that, the platelets were transfused to the complainant and no other tests were conducted even when the condition of the complainant was getting deteriorated. Husband of the complainant was forced to get the complainant discharged from the Civil Hospital, Talwandi Sabo for getting better treatment from some other hospital to save the life of the complainant. On the same day on 17-10-2021, the complainant got admitted to Sidhu Multispecialty Hospital, Talwandi Sabo and her treatment was immediately started by the concerned doctors of the said hospital and doctors of said Hospital i.e. opposite parties No. 3 & 4 had rightly/immediately accessed the condition of the complainant and had given proper treatment and was got discharged from the said hospital on 20-10-2021 with the discharge summary. It is alleged that only to hide their negligence/mistake and to save their skin, opposite party No. 1 & 2 had mentioned in the bed head ticket record of the complainant that the complainant has left the hospital against the medical advice rather the complainant was forced to get the discharge from the hospital to save her life.

4. It is alleged that the complainant also filed complaint against opposite party No. 2 before the concerned officials but they have enquired the matter without proper diligence and they gave the report that there is no negligence on the part of the treating doctor. The report of the enquiry team was prepared with prejudice just to save the treating doctor from the enquiry.

5. On this backdrop of facts, the complainant has prayed for directions to the opposite parties No. 1 & 2 to pay Rs. 60,930/- being medical expenses in addition to Rs. 50,000/- as compensation and mental harassment etc., besides any other additional or alternative relief.

6. The learned counsel for the complainant has argued that the complainant consulted opposite party No. 2 at his home on 15-10-2021 regarding her illness and was suffering from acute illness i.e. dengue fever, vomitting, bodyache etc., from last 4-5 days and thereafter got admitted at Civil Hospital, Talwandi Sabo, Bathinda on 5-10-2021 but after admission of the complainant, no doctor ever attended the complainant on account of which the complainant had to spent her night in pain as she was not feeling well and she was not given proper treatment. Even the name of doctor was not disclosed to the complainant by staff. The complainant suffered a lot due to negligence/ignorance caused by opposite parties No. 1 & 2. On 16-10-2021, opposite party No. 2 came and after check-up of the complainant, it was fund that platelet counts of the complainant was just 21000 and it was life threatening and platelets were transfused to complainant and no other test was conducted. Under compelled circumstances, husband of the complainant got her discharged on 17-10-2021 and took treatment from opposite parties No. 4 & 5 and had to spent huge amount and has pleaded deficiency in service on the part of opposite parties No. 1 & 2 and has demanded medical expenses and compensation from the opposite parties.

7. We have heard learned counsel for the complainant during preliminary hearing and gone through the record carefully.

8. Admittedly the complainant was suffering from illness and remained admitted at Civil Hospital, Talwandi Sabo upto 17-10-2021 and thereafter she got herself discharged from Civil Hospital and took treatment from opposite parties No. 4 & 5 but learned counsel for the complainant has not been able to explain as to how this Commission has got jurisdiction to try and entertain the present complaint when complainant got treatment free of cost from opposite parties No. 1 & 2. Since there is no receipt of payment received by opposite parties No. 1 & 2 for having given treatment, as such, relationship of consumer and service provider is not established from the evidence on record.

9. Accordingly, present complaint is dismissed at the threshhold without discussing any facts on merits. However, complainant is given liberty to proceed against opposite parties No. 1 & 2 by moving complaint to the higher authorities of opposite parties No. 1 & 2 for redressal of her grievances.

10. Copy of order be sent to the parties concerned free of cost and file be consigned to the record room.

    Announced:-

    16-05-2023

     

    1. (Lalit Mohan Dogra)

    President

     

     

    (Shivdev Singh)

    Member