Assam

Nalbari

CC/2/2021

Devajit Roy - Complainant(s)

Versus

Dr. B. K. Baishya, MS, Mch. (Neurosurgery) - Opp.Party(s)

Mukunda Barman

11 Apr 2022

ORDER

:: BEFORE THE DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION ::

:: NALBARI :: DISTRICT-NALBARI :: ASSAM ::

 

Present: 1) Shri BK Sen, AJS. President.

             2) Mr. P. K. Sarma. Member.

             3) Mrs. P. Choudhury, Member.

 

CONSUMER CASE NO. CC/2/2021

(Under Section 12 of the Consumer Protection Act, 1986.)

 

Sri Devajit Roy

S/O: Late Rabindra Roy

Barama Road, Nalbari

PO & Dist.: Nalbari (Assam)

PIN – 781335                                 ………………………….       Complainant

 

-Versus-

 

         

          Dr. B K Baishya.

          Dispur Polyclinic & Hospital Pvt. Ltd.

          Ganeshguri, Dispur,

          Guwahati- 781006                            …………………………    Opp. Party

 

Appearance-

                   For the Complainant   …  Mr. M. Barman, Advocate

                                                             Ms. D. Barman, Advocate

                   For the OP               …    None appeared.

 

Date of Argument –   30.03.2022

Date of Judgment –   11.04.2022

 

J U D G M E N T

 

           This case is filed U/S 12 of the Consumer Protection Act, 1986, alleging deficiency of service on the part of the OP – Doctor in rendering medical treatment to the complainant. The case of the complainant, Sri Devajit Roy, in brief, is that Dr. M. Goswami examined the complainant on 11.03.2020 and opined that the complainant had been suffering from slip disc. That, on being consulted OP – Dr. BK Baishya advised the complainant to get admission in Dispur Polyclinic and Hospital Pvt. Ltd. Ganeshguri, Dispur, Guwahati – 6, requiring operation of the slip disc. Accordingly, complainant was admitted to said hospital on 08.04.2020. On 09.04.2020 operation upon complainant was done by OP – Doctor and was discharged on 12.04.2020 prescribing some medicines with direction for removal of the stitch after 10 (ten) days and review after one month. Prior to admission to hospital, MRI Lumbosacral Spine was done on 04.02.2020. That the complainant after the operation done on 09.04.2020 and taking medicine as prescribed by the OP – Doctor, found no relief. Complainant then approached the OP – Doctor seeking advice and that on 13.06.2020 as advised by OP, MRI Lumbosacral Spine was done again. That the MRI report dated 04.02.2020, prior to operation, and the MRI report dated 13.06.2020, subsequent to operation are same and this fact indicates that the operation was not done properly forcing the complainant to suffer both mantel and physical and pecuniary loss also. Hence, the complainant filed the instant petition claiming a compensation of Rs. 10 (ten) lacs only for deficiency of service.

 

2.       OP filed petition dated 01.03.2021 and 15.03.2021 duly signed by him seeking time for filing written statement which were allowed. On subsequent dates OP remained absent without step. This case proceeded exparte against the OP. ( vide order dated 05.04.2021).

 

3.       Complainant in order to prove the case examined one witness only, i.e. the complainant himself and produced all the relevant documents. Heard the learned counsel appearing for the complainant and carefully gone through the entire case record.

 

Decision & reasons thereof

         

4.       It is evident from the Discharge Certificate issued by Dispur Polyclinic & Hospital Pvt. Ltd that the complainant (patient) was admitted to the hospital on 08.04.2020 and after operation done on 09.04.2020 he was discharged on 12.04.2020. Discharge Certificate reveals that operation was done by OP-Doctor and it further reveals that the patient was diagnosed:- “ L5 – S1 PIVD (rt)” and operation i.e. L5 Laminectomy and L5 – S1 discectomy done under GA on 09.04.2020. Prior to operation of the patient, as mentioned above, MRI LUMBOSACRAL SPINE of the patient was done and the relevant portion of the MRI report dated 04.02.2020 reads as follows:- “ Impression : MRI Reveals small right lateral extrusion of L5\S1 disc compressing ipsilateral S1 nerve root” As advised by the doctor (OP) MRI LUMBOSACRAL SPINE (P + C) of the patient was done on 13.06.2020 (subsequent to operation done on 09.04.2020) and the MRI report reads as follows:- “ Lumbar lordosis is reduced. Anterior marginal osteophytes are noted in L4 and L5 vertebrae. Visualised vertebrae show normal signal intensity. Paravertebral soft tissues are normal. L5-S1 disc shows right paracentral extrusion causing thecal sac compression, right lateral recess encroachment and compression over the right traversing nerve root. Facet joints and ligamentum flavum are normal. The conus medullaris is normal in position and signal intensity. No significant bony canal stenosis is seen.” Both the MRI reports dated 04.02.2020 and 13.06.2020 appear to be same on all material particulars. This fact indicates that operation was not done properly and element of negligence exists. From the evidence in affidavit of the complainant (PW1) supported by medical documents it clearly comes out that there was deficiency of service on the part of the OP – Doctor in medical treatment of the complainant/patient and thus patient was made to suffer both mental and physical and the complainant incurred financial loss.

 

          In view of the forgoing discussion we find and hold that the complainant is entitled to get relief as prayed for. This petition stands allowed accordingly.

 

5.       In our considered opinion the complainant shall be entitle to get relief/compensation under the following heads:-

 

1. Cost of medicine, investigation

Operation etc. (As per Cash Memos/

Documents produced)            ………….……. Rs. 1,13,427/-

 

2. Conveyance, attendant and

Other ancillary expenses.        ………………. Rs.    50,000/-

 

3. Pain and suffering

(both mental and physical) ……  ………… Rs.    2,00,000/-

 

4. Cost of litigation ……………....................……………….. Rs.          6,000/-

                                                                                                 Total   Rs.    3,69,427/-

          This amount, in our considered opinion, would meet the ends of justice.

 

ORDER

 

6.       The OP, Dr. B. K. Baishya, is hereby ordered to pay aforementioned sum of Rs. 3,69,427/- (Rupees three lacs sixty nine thousand four hundred twenty seven) Only to the complainant, Sri Devajit Roy within 3 (three) months from the date of this order, failing which OP shall pay the aforesaid amount along with interest thereon at the rate of 6% p.a. from the date of this order till realization.

          This case stands disposed off.

 

                                                                                                       ( BK Sen )

                                                                                                        President

                                                                             District Consumer Commission, Nalbari

 

               (P.K. Sarma)

                  Member

District Consumer Commission, Nalbari

 

 

 

 

              ( P. Choudhury)

                   Member

District Consumer Commission, Nalbari