Punjab

Fatehgarh Sahib

CC/46/2016

Rajinder Singh - Complainant(s)

Versus

Doctor Mohamod Shabeer - Opp.Party(s)

Sh Amandeep SIngh

20 Jan 2017

ORDER

DISTRICT CONSUMER DISPUTES REDRESSAL FORUM, FATEHGARH SAHIB.

                         Consumer Complaint No.46 of 2016

                                                                Date of institution: 10.05.2016                           

                                                             Date of decision   : 20.01.2017

Rajinder Singh aged about 25 years son of Wariyam Singh resident of village Ambe Majra, Tehsil Amloh, District Fatehgarh Sahib.

……..Complainant

Versus

 

 Doctor Mohamad Shabeer C/o Irfan X-ray Center Mohamad Shabeer                 (Khandani Maler Kotle Wale) near Gurduwara Sahib Patshai Shevi, Guru Ki Nagri, Mandi Gobindgarh, Tehsil Amloh, District Fatehgarh Sahib.

…..Opposite parties        

 

Complaint under Sections 12 to 14 of the Consumer Protection Act 1986

 

Quorum

Sh. Ajit Pal Singh Rajput, President

Smt. Veena Chahal, Member           

Sh. Amar Bhushan Aggarwal, Member

         

Present :      Sh. Amandeep Bawa, Adv.Cl. for the complainant.

                   Opposite party exparte.

 

ORDER

By Ajit Pal Singh Rajput, President

 

                Complainant, Rajinder Singh aged about 25 years son of Wariyam Singh resident of village Ambe Majra, Tehsil Amloh, District Fatehgarh Sahib has filed this complaint against the Opposite party (hereinafter referred to as “the OP”) under Sections 12 to 14  of the Consumer Protection Act 1986. The brief facts of the complaint are as under:

2.              The complainant met with an accident on 29.11.2015 as a dog suddenly came in front of his motor cycle, while he was riding the same and due to the said accident his wrists of both hands were fractured. The brother of complainant, namely; Harpreet Singh brought him to the clinic of the OP, who after check up the wrists of the complainant told that there is minor problem in his wrists. OP also assured that the complainant will be 100% recovered after the treatment given by him. The OP massaged both wrists of the complainant and tied with wooden sticks (self created plaster) and told that the complainant would have to come for two or three times in a month for massage. The complainant came for treatment as told by the OP and after treatment given by the OP, the complainant found that his both wrists were not moving around properly and he also felt pain in his wrists.  The complainant disclosed the said problem to the OP, who assured that everything, will be OK after one or two months and also warned the complainant not to take any treatment from another doctor.  During the said treatment the OP grabbed a huge amount from the complainant. When the OP failed to treat the complainant, then the complainant consulted Dr. Nagra of Civil Hospital Mandi Gobindgarh, who told the complainant that his both wrists were broken and due to bad treatment by the OP, the same were wrongly joined. It is further stated that due to wrong treatment by the OP both the wrists of the complainant are damaged and he is unable to lift the weight.  Thereafter, on 16.03.2016 the complainant moved an application against the OP before S.S.P. Fatehgarh Sahib, who marked the same to SHO, P.S.Mandi Gobindgarh. The complainant and the OP were called by the SHO, where he admitted that he gave treatment to the complainant. Thereafter a compromise had been affected between the complainant and the OP before the Panchayat of the village of complainant undertook that the OP will bear all the expenses for the treatment of complainant from any reputed hospital. Accordingly, the complainant brought the estimate bill of Max Health Care Super Specialty Hospital for Rs.2,68,574/- for initial treatment and apart from the said estimate, Rs.50,000/- or 1,00,000/- will be spent on the treatment of the complainant.  The complainant asked the OP to pay the said amount as per compromise, but the OP denied to give any amount. The complainant served a legal notice upon the OP but in vain.  Hence, this complaint for giving directions to the OP to pay Rs.9,00,000/- along with interest as compensation for mental agony caused by the OP to the complainant.

3.             Notice of the complaint was issued to the OP but he refused to accept the notice and chose not to appear to contest this complaint. Hence, he was proceeded against exparte.

4.             In order to prove his case the complainant tendered in evidence his affidavit Ex. CW1/A, affidavit of Harpreet Singh as Ex. CW2/A, treatment slip Ex. C-1, X-rays Ex. C-2 to C-7, OPD slip of Civil Hospital Mandi Gobindgarh Ex. C-8, X-rays fee receipt Ex. C-9 and Ex.C-9A, X-rays from civil hospital Ex. C-10, copy of legal notice Ex. C-11, postal receipt Ex.C-12, reply to legal notice Ex.C-13, report of DSP, Amloh Ex. C-14, copy of estimate from Max Hospital Mohali Ex.C-15 and closed the evidence.

5.             Learned counsel for the complainant submitted that the complainant, due to the negligent act of the OP, had to go through tremendous physical and mental harassment. He stated that it is evident from the affidavit of Harpreet Singh Ex.CW2/A and the report of D.S.P. Ex.C-14 whereby the OP had admitted his negligence while giving treatment to the complainant. He pleaded that it is also established that the OP had agreed before the Panchayat of the village that the OP shall bear also the medical expenses. Learned counsel pleaded that lateron when the complainant gave the estimate from Max Hospital Mohali Ex.C-15 to the OP, the OP refused to honor the compromise entered between the parties before the Panchayat of the village. Learned counsel argued that the complainant deserves to be compensated for the carelessness and negligent act of the OP.

6.             After hearing the learned counsel for the complainant and going through the pleadings, evidence written submissions as well as oral submissions, it is established from sworn affidavit of complainant Ex. CW1/A, affidavit of Harpreet Singh Ex. CW2/A and report of DSP Amloh Ex.C-14 that the OP had admitted his negligence, while giving treatment to the complainant and thereby compromised the matter before the Panchayat of the village by undertaking to pay also the medical expenses for the treatment of the complainant. It is also established from estimate bill Ex.C-15 issued by Max Health Care Super Specialty Hospital, that for initial treatment a sum of Rs.2,68,574/- shall be charged  and apart from the said estimate, Rs.50,000/- to 1,00,000/- may further be required for treatment of the complainant.

7.                       An ample opportunity was given to the OP to appear in this Forum to contest the complaint but despite service of notice, none appeared for the OP, which amounts to admission of the averments of the complaint.

8.                          Accordingly, in view of our aforesaid discussion, we find that OP has committed deficiency in service by carelessly and negligently treating the complainant thereby causing immense mental as well as physical harassment to the complainant. Hence we direct the OP to pay all the charges to be incurred on the treatment of the complainant from any Hospital. The complainant is directed to submit the actual  bills of his treatment to the OP for payment. We also find that the complainant is entitled to compensation on account of mental as well as physical harassment amounting to Rs.10,000/-(Rs.Ten thousands only) alongwith litigation costs of Rs.5000/-(Rs.Five thousands only). The present complaint stands accepted.

9.          The OP is further directed to comply with the order of this Forum within 45 days from the date of receipt of certified of this order. In case the OP fails to comply with this order within the stipulated time period, OP shall be further liable to pay 9% interest p.a on the awarded amount till its realization.

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

Pronounced                                                                                

                 Dated:20.01.2017                                                      (A.P.S.Rajput)

                                                                                                 President

                                                                              

                                                                               (Veena Chahal)        

                                                                                    Member

 

 

(A.B.Aggarwal)        

     Member