Chandigarh

DF-II

CC/36/2016

Raj Bala - Complainant(s)

Versus

Dental Care Clinic and Implant Centre - Opp.Party(s)

Gaurav Bhardwaj Adv.

16 Dec 2016

ORDER

DISTRICT CONSUMER DISPUTES REDRESSAL FORUM-II, U.T. CHANDIGARH

============

Consumer Complaint  No	:	36 of 2016
Date  of  Institution	:	12.01.2016
Date   of   Decision	:	16.12.2016

 

 

 

 

 

Raj Bala w/o Satyanarayan, R/o 2657, Sector 25-D, Chandigarh.

             …………..Complainant

 

Versus

 

Dental Care Clinic and Implant Centre, #2439, Sector 23-C, Chandigarh through Dr.Jagdeep Kaur.

 

 …………… Opposite Party

 

BEFORE:  SH. RAJAN DEWAN           PRESIDENT

                                MRS. PRITI MALHOTRA       MEMBER

SH.RAVINDER SINGH          MEMBER

           

 

Argued By: Sh.Gaurav Bhardwaj, counsel for the complainant

Sh.D.Khanna, Counsel for OP.

 

 

PER RAVINDER SINGH, MEMBER

 

                                 The facts in issue are that the complainant was having a severe toothache and as such visited the clinic/OP on 12.5.2014 for treatment. The doctor checked her and advised her saline rinse and also prescribed medicine for 5 days.  The complainant got no relief and again visited the clinic on 15.5.2014 for check-up and treatment on 15.5.2014, the complainant was advised root canal treatment and was advised to revisit on 22.5.2014. However, the complainant did not turn up. She visited Dr.Rshmi Gupta, Rashmi Clinic, Manimajra (Chandigarh) on 10.10.2015 for treatment and took the treatment there till 30.11.2015.  As advised by Dr.Rashmi Dental Clinic, the X-ray of the root was done and the complainant was told that a piece of needle was there in the root of the tooth. The complainant has stated in her complaint that during the treatment, a piece of needle was broken and left in the tooth of the complainant by the OP, but the OP did not disclose this fact to the complainant, which came to her knowledge when he X-ray was got done in Rashmi Dental Clinic. It is stated that ultimately, as advised by Dr.Rashmi, the said tooth was extracted on 12.10.2015 and after final treatment she was relieved of the pain on 30.11.2015 (Ann.C-2 colly. & C-3).  The matter was also reported to the police, but no action taken thereon by the police allegedly on the ground that no offence is made out from the facts in issue. The complainant has alleged deficiency in service, unfair trade practice and medical negligence on the part of OP and filed the present complaint for refund of Rs.5500/- paid to OP along with compensation and litigation expenses as well as Rs.10,000/- paid by the complainant to Rashmi Dental Clinic for treatment.   

 

2]       The Opposite Party has filed reply and stated that the complainant came to the clinic of the OP on 12.5.2014, she was advised x-ray of the tooth in which she had acute pain. An IOPA x-ray of lower right first molar was taken & root canal treatment was advised and explained to her. She was given appointment on 15.5.2014 and on that date, only dressing was given since she had pain.  It is stated that the complainant given next appointment for 22.5.2014, 2.6.2014 and 6.6.2014, but she did not turn up on these dates for the root canal treatment. It is also stated that the complainant came only twice to the clinic of Opposite Party on 12.5.2014 and 15.5.2014 (Ann.OP-2) and she was charged Rs.1500/- and Rs.1100/- respectively and balance of Rs.3500/- is due against her.  It is submitted that no root canal treatment was done by the OP, as alleged, as she did not turn up in the clinic after dressing on 15.5.2014, but just changed the appointment dates on 22.5.2014, 2.6.2014 and 6.6.2014 by sending some family members, so the question of broken piece of needle does not arise at all.  It is also submitted that the complainant in her statement dated 12.11.2015 before the police (Ann.OP-3) admitted that she visited the OP Clinic only two or three times. It is stated that the complainant never paid Rs.5500/- as alleged for root canal treatment and cap.  It is asserted that Dr.Rashmi Gupta has once extracted the tooth on 10.10.2015 and again the same tooth was shown extracted on 12.10.2015, which means one tooth is extracted twice by Dr.Rashmi Gupta and false treatment slip is given by the complainant in order to black-mail the Opposite Party by adopting illegal and unethical means.  The Opposite Party denied the allegations as levelled by the complainant in the complaint and pleaded no deficiency in service, unfair trade practice or medical negligence on its part and has prayed for dismissal of the complaint. 

 

3]       The complainant also filed rejoinder reiterating contentions as raised in the complaint.

 

4]       Parties led evidence in support of their contentions.

 

5]       We have heard the ld.Counsel for the parties and have examined the entire evidence & documents on record.

 

6]       The complainant visited Dental Care Clinic and Implant Centre on 12.5.2014 due to her tooth problem.  As is apparent from Prescription Slip (Annexure C-1) annexed by the complainant with the complaint, the doctor/OP checked the complainant and after diagnosis, was prescribed medicine and advised her to visit again on 15.5.2014.  The complainant visited the Opposite Party on 15.5.2014 and complained of pain and after some dressing, she was advised rest for 3-4 days and to take soft and cold diet and asked to come to the clinic on 22.5.2014, 2.6.2014 and 6.6.2014 for root canal treatment and cap.  The complainant thereafter never visited the Opposite Party/Clinic after 15.5.2014 with any complaint/treatment. 

 

7]       The complainant visited the Rashmi Dental Clinic only on 10.10.2015 and remained under treatment there only till 30.11.2015. 

 

8]       The complainant seems to have got relief from her dental problems/pain after treatment from Opposite Party and because of which she never visited any doctor w.e.f. 16.5.2014 to 9.10.2015.  Had there been any piece of needle or odd object left in her tooth, the complainant must have burdened with acute pain or infection in her teeth compelling her to see some doctor for relief/treatment. 

 

9]       The period of more than 16 months i.e. w.e.f. 16.5.2014 to 9.10.2015 during which the complainant faced no dental problem and kept mum, seriously weaken the veracity of facts as alleged in the complaint. 

 

10]      The complainant has not produced/ exhibited the alleged piece of needle, as evidence with her complaint.  The counsel for the complainant was asked to produce or show the said needle before the Forum, but he expressed his inability to do so and intimated that the same is not available with the complainant.

 

11]      The complainant has failed to substantiate her allegations with any cogent evidence. 

 

12]      As held by the Hon’ble National Commission in the case of Kanhaiya Kumar Singh v. Park Medicare & Research Centre  (2000) NCJ (NC) 12, the negligence has to be established and cannot be presumed.

 

13]      The medical profession is a noble profession performing the yeoman services to the society. The doctors are qualified professionals and cannot be condemned on flimsy accusations.

 

14]      Keeping in view the above facts, the complaint being without merit, is hereby dismissed with no order as to costs.    

         The certified copy of this order be sent to the parties free of charge, after which the file be consigned.

Announced

16^th December, 2016                                                                     Sd/-    

 

(RAJAN DEWAN)

PRESIDENT

 

 

Sd/-

 (PRITI MALHOTRA)

MEMBER

 

 

Sd/-

(RAVINDER SINGH)

MEMBER