Delhi

West Delhi

CC/07/251

DARSHANA - Complainant(s)

Versus

DR ASHOK - Opp.Party(s)

30 Jan 2024

ORDER

BEFORE THE CONSUMER DIPUTES REDRESSAL COMMISSION-III (WEST)

C-150-151, COMMUNITY CENTRE, JANAKPURI,

NEW DELHI-110058

 

CC/251/07

IN THE MATTERS OF:-

 

Darshana                                                                                          ……COMPLAINANT

 

VERSUS

 

Dr. Ashok Garg & Ors.                                                                   ……OPPOSITE PARTIES  

 

                                                                 

Coram:         

1. SONICA MEHROTRA (PRESIDENT)
2. RICHA JINDAL (MEMBER)
3. ANIL KOUSHAL (MEMBER)

Present:  None  for Complainant.

                         

                                                      DATE: 30/01/2024

ORDER

 

No appearance by the Complainant. On last date of hearing held on 07/11/2023, he was not present. Court notice sent to OP Dr. Ashok Garg was returned unserved on 20/03/2023 with remark ‘no such person on this address’ and in hearing held on 04/05/2023 and 29/08/2023, Complainant was directed to furnish fresh address of the treating doctor on which hearing the same was made clear to the Complainant represented through her husband and in person. She was also directed to place on record complete treatment record of Sir Ganga Ram Hospital where she was first admitted from 07/03/2006 to 01/04/2022 post discharge from OP Hospital on 06/03/2006 which Order despite first having been passed on 08/12/2022 for more than one year till date has not yet been complied with for want of complete treatment records of SGRH immediately after complainant was discharged from OP Hospital, we cannot ascertain what were the conditions/complications in which she was brought to SGRH post open cholecystectomy done on her by OP 1 in early March, 2006. In view of Complainant not present and failure to comply with direction issued by this Commission, no medical opinion also can be taken on this case for lack of complete treatment records as was the observation made by erstwhile Bench(es) too 2010 onwards. For non- appearance of Complainant, non- Compliance/ failure to furnish requisite treatment records of SGRH since 2010 till date, we are not inclined to accommodate Complainant any further and dismiss the case in default.

            Even otherwise, the treating doctor is also not traceable and complaint cannot be prosecuted against unavailable person. For all the above reasons, the same is dismissed for non-prosecution, non- appearance. File be consigned to record room.

 

 

 

 

 

(Richa Jindal)         Member

(Anil Kumar Koushal)                 Member

(Sonica Mehrotra)                       President