Chandigarh

DF-I

CC/27/2020

Ajay Kumar Itkan - Complainant(s)

Versus

Dr. Deepak Kalia MS, M.CH Plastic Surgery PGI - Opp.Party(s)

In Person

07 Dec 2023

ORDER

DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION-I,

U.T. CHANDIGARH

 

                    

Consumer Complaint No.	:	CC/27/2020
Date of Institution	:	29.10.2020
Date of Decision	:	7/12/2023

 

Ajay Kumar Itkan son of Sh. Inder Pal Itkan resident of House No.15577, Street No.1/1, Back side Duggal resort Arjan Nagar, Bathinda 151001.

 

… Complainant

V E R S U S

1.   Dr. Deepak Kalia, MS MCH Plastic Surgery, PGI, Novena Clinic SCO 316, Sector 40-D, Chandigarh.

2.   The Oriental Insurance Company Limited 4E/14, Azad Bhawan, Jhandelwalan, New Delhi 110055.

 .  … Opposite Party

 

CORAM :	PAWANJIT SINGH	PRESIDENT
	SURJEET KAUR SURESH KUMAR SARDANA	MEMBER MEMBER

                       

ARGUED BY	:	Complainant in person.
	:	Sh. Rajiv Sharma, Advocate for OP No.1.
	:	OP No.2 exparte.

Per SURESH KUMAR SARDANA, Member

     Briefly stated the complainant took the treatment of Ultra Sonic Liposuction of Chin, Chest and Abdomen on 16.6.2019 from the OPs clinic. It is alleged that after surgery the complainant found his chest measurement is still the same and there is no change in before and after operation and medical treatment, also no picture or samples were taken or shown to the to the complainant to his satisfaction rather lymph could be seen on the body of the complainant. However with regard to right and left side of chest a clear difference could be seen in measurement. It is alleged that the OPs were required to supply the complainant the complete medical file including bed head tickets and a follow up and discharge summary but despite various requests by the complainant the same was not provided to the complainant. It is alleged that the OPs through misrepresentation grabbed huge money from the complainant but committed medical negligence, which amounts to deficiency in service and indulgence in unfair trade practice on their part, hence this complaint has been filed.

2. The Opposite Parties NO.1 in its reply while admitting the factual matrix of the case stated that the patient has visited two times only after his discharge from the clinic. The complainant recovered well but did not come for follow up. It is denied that the complainant had ever made any demand for documents through telephonically or email or by post. In fact all the relevant documents were given to the patient. It is averred that proper counseling of the complainant was done before the procedure. A well informed consent was obtained prior to the procedure.  It is averred that the complainant had spent money for getting treatment of his own liposuction and no doctor at any where has pointed out any negligence on the part of the OP. Everything was done diligently prudently with due care and caution and there is no negligence or deficiency in service on the part of the answering OP. Denying all other allegations on its part a prayer for dismissal of the complaint has been made.  
3. OP No.2 did not turn up despite due service, hence vide order dated 28.10.2022 it was proceeded against exparte
4. Rejoinder was filed and averments made in the consumer complaint were reiterated
5. Contesting parties led evidence by way of affidavits and documents.
6. We have heard the learned counsel for the contesting parties and gone through the record of the case.
7. On perusal of complainant, it is gathered that the main grievance of the complainant is that after surgery (liposuction) carried out by the OP there was no improvement in the size of chest and abdomen.
8. On perusal of documents annexed by the complainant, it is observed that the main  purpose of the complainant to undergo the subject surgery was to get reduced the size of his chest and to reduce his abdomen.
9. On examination of evidence led by both the parties, it is apparent that the complainant has achieved no benefit after undergoing the subject surgery. The OP No.1 has utterly failed to adduce any evidence by way of measurement of chest and abdomen size prior to surgery and after the surgery, which could have shown the difference of size prior to surgery and after the surgery to the satisfaction of the complainant but nothing has come on record to prove that the surgery was successful. Since the OP No.1 has not adduced any concrete evidence on record to prove his case, it can safely be held that the complainant has not achieved the purpose to undergo the subject surgery for reducing the chest and abdomen size for which he has spent a huge amount. Thus, deficiency in service is writ large on the part of the OP No.1.
10. As for as the quantum of relief is concerned the OP No.1 have admitted that he complainant has spent a sum of Rs.92,000/- on the surgery and the complainant has placed on record receipt of the said amount, in our opinion it will meet end of justice if the half of the aforesaid amount  i.e. Rs.46,000/- is ordered to be refunded by OP No.1 to the complainant.
11. In view of the above discussion, the present consumer complaint succeeds and the same is accordingly partly allowed. OP No.1 is directed as under:-

1. to refund Rs.46,000/- with interest @9% P.A. from the date of  deposit till onwards.
2. to pay Rs.10,000/- to the complainant as compensation for causing mental agony and harassment to him;
3. to pay Rs.7500/- to the complainant as costs of litigation.

12.      This order be complied with by the OP No.1 within 45 days from the date of receipt of its certified copy, failing which, they shall make the payment of the amounts mentioned at Sr.No.(i) & (ii) above, with interest @ 12% per annum from the date of this order, till realization, apart from compliance of direction at Sr.No.(iii) above.
13. complaint against OP No.2 stands dismissed.
14. Pending miscellaneous application(s), if any, also stands disposed off
15.      Certified copies of this order be sent to the parties free of charge. The file be consigned

			sd/- [Pawanjit Singh]
			President
			Sd/-
			[Surjeet Kaur] Member Sd/-
7/12/2023			[Suresh Kumar Sardana]
mp			Member