Case No. 66/2020   

IN THE MATTER OF

Danveer Singh S/o Sri Prem Bahadur R/o veerpur Post Khas Tehsil Ghabhana District Aligarh

                                           V/s

1. Dr. Sanjay Bhargav M.D. Varun Hospital VishnuPuri Pargana and Tehsil Koil Thana Quarsi Aligarh
2. Dr. Smt. Mani Bhargav M.D. Varun Hospital VishnuPuri Pargana and Tehsil Koil Thana Quarsi Aligarh

 Present:

1. Shri Hasnain Qureshi, President
2. Shri Alok Upadhayay, Member
3. Smt. Purnima Singh Rajpoot, Member

PRONOUNCED by Shri Hasnain Qureshi, President

JUDGMENT

1. The present complaint has been filed by the complainant before this commission for  the following reliefs-

1. The Op be directed to pay Rs.200000 for treatment expenses,  Rs.180000 for disability and Rs. 100000 as litigation expenses.

2.  Complainant has stated that his hand was burnt. He visited the Op hospital for treatment where he had undergone operation of the hand. Complainant had paid the amount Rs.10000 on their assurance for complete cure but he did not recover and he was asked for second operation. He has been disabled and his future is in dark. He has suffered irreparable loss and damages by the acts of Ops. He has incurred Rs. 200000 in treatment.                
3. Op stated in WS that the complainant was a OPD patient of the hospital on 3.3.2020 with a complaint of post burn contracture grade IV burn problem in left hand. He was clinically examined by the team of doctors and recommended best medicines as well as pathological tests which were necessary to the patient. He was explained the procedure of treatment and its consequences and having satisfied, consent  was given by him for surgery. He was discharged from the hospital on 8.3.2020 with the advice of visit for dressing and examination. He visited the hospital for dressing and examination when he visited the hospital on 27.4.2020 swelling was found over the operative portion of the hand which was natural phenomena after surgery in burn case, so medicine was prescribed. It is wrong to say that the amount Rs.200000 was incurred in treatment whereas Rs.30000 was the amount, incurred in operation and medicine.                                 
4. Complainant has filed his affidavit and papers in support of his pleadings. Ops  have also filed their affidavit and papers in support of their pleadings
5. We have perused the material available on record and heard the complainant.
6. The first question of consideration before us is whether the complainant is entitled to any relief?
7. Complainant has not made specific allegation regarding fault in treatment. Whereas the procedure followed in treatment was explained by the Ops. There appears no act of commission or omission and negligence on the part of the OP in providing treatment to the complainant. Complainant has alleged medical expenses amounting Rs.200000 which is not verified by the record. We are of the view that this is not a case of medical negligence and is liable to be dismissed.                
8. We hereby dismiss the complaint.
9. A copy of this judgment be provided to all the parties as per rules as mandated by Consumer Protection Act, 2019. The judgment be uploaded forthwith on the website of the commission for the perusal of the parties.
10. File be consigned to record room along with a copy of this judgment.