Haryana

Sonipat

319/2014

SMT. KAMLESH W/O ASHOK KUMAR - Complainant(s)

Versus

DR. GAURAV ROYAL - Opp.Party(s)

PARVEEN KUMAR

21 Aug 2015

ORDER

BEFORE THE DISTRICT CONSUMER DISPUTES REDRESSAL FORUM,

SONEPAT.

               

 

                                Complaint No.319 of 2014

                                Instituted on:25.11.2014

                                Date of order:24.08.2015

 

Smt. Kamlesh widow of Ashok Kumar, r/o Sikka Colony near Ganda Nala, Opp. Narang Hospital, Sonepat.

 

                                                      ...Complainant.

 

                        Versus

 

Dr Gaurav Royal, Royal Dental Hospital, Sikka Colony, Delhi road, Sonepat.

               

                                                      ...Respondent.

 

COMPLAINT UNDER SECTION 12 OF       

THE CONSUMER PROTECTION ACT,1986

 

Argued by: Sh.  Parveen Kumar Adv. for complainant.

           Sh.  Ashok Pandit, Adv. For respondent.                

 

 

BEFORE     NAGENDER SINGH, PRESIDENT.

          PRABHA WATI, MEMBER.

          D.V. RATHI, MEMBER.

 

O R D E R

 

          Complainant has filed the present complaint against the respondent alleging therein that she felt some pain in her upper side left teeth and she consulted the respondent for her treatment.  The respondent after checking, opined that her one upper teeth requires to be operated upon.  The complainant agreed with the advice and opinion of the respondent and the respondent did the needful and stitched the skin and gave some medicine of pain killer etc.  But the complainant did not feel any relief and there was constant pain in the upper jaw of the complainant and due to this, the complainant visited General Hospital, Sonepat on 31.7.2014 and thereafter the complainant was referred to BPS Govt. Medical College for Women Khanpur Kalan, Sonepat.  Due to constant pain, some puss started coming out. The complainant requested the respondent to reimburse her to the tune of Rs.50,000/- which she has spent upon her treatment due to his negligent, but the respondent has refused to pay any amount to the complainant and that amounts to a grave deficiency in service on the part of the respondent. So, she has come to this Forum and has filed the present complaint.

2.        In reply, the respondent has submitted that the respondent has only prescribed some pain killer tables such as tablet of OflOX, Oxalgin and Zintex on the prescription slip dated 1.9.2013. The complainant never visited to the respondent after 1.9.2013.  The present complaint has been filed by the complainant only to extract money from the respondent.  There is no deficiency in service on the part of the respondent and thus, prayed for the dismissal of the present complaint.

3.        We have heard the arguments advanced by the ld. Counsel for both the parties at length and we have also gone through the entire relevant material available on the case file carefully & minutely.

4.        The prescription slip (C1) dated 1.9.2013 shows that the patient was attended.  As per the respondent, he has only prescribed some pain killer tables such as tablet of OflOX, Oxalgin and Zintex on the prescription slip dated 1.9.2013.

 

          On the other hand, version of the complainant is that the complainant did not feel any relief due to the negligence treatment of her teeth by the respondent and there was constant pain in the upper jaw of the complainant and due to this, the complainant visited General Hospital, Sonepat on 31.7.2014 and thereafter the complainant was referred to BPS Govt. Medical College for Women Khanpur Kalan, Sonepat.  Due to constant pain, some puss started coming out. The complainant requested the respondent to reimburse her to the tune of Rs.50,000/- which she has spent upon her treatment due to his negligent, but the respondent has refused to pay any amount to the complainant and that amounts to a grave deficiency in service on the part of the respondent.

 

          We have perused the prescription slip dated 1.9.2013. The bare perusal of this slip shows that the respondent has not mentioned as to why and for what, he has prescribed the tablets Oflox, Oxalgin and Zintex and these tablets are antibiotic, pain killer and anti oxidant.  In our view, the respondent intentionally has not mentioned in the prescription slip as to what treatment was given by him to the complainant and as to for what, the above said tablets were prescribed. Even the patient history has not been mentioned by the respondent in the prescription slip dated 1.9.2013. Generally a dentist mark on his prescription slip the point of Jaw or Teetch in which, the problem is told/reported by the patient. The subsequent prescription slips of General Hospital Sonepat and BPS Govt. Medical College for Women, Khanpur Kala itself shows that the complainant took treatment from the above hospital and in our view that too due to the negligence treatment given by the respondent to the complainant.  In our view, the complainant has been able to prove the deficiency and negligence in service on the part of the respondent.  The complainant by way of present complaint has claimed total Rs.one lac from the respondent, which in our view is on a very higher side.  But we hereby direct the respondent to pay a sum of Rs.7000/- (Rs.seven thousands) in lumpsum to the complainant for rendering deficient and negligence treatment, for causing her unnecessary mental agony, harassment and under the head of litigation expenses.  The present complaint, thus, stands allowed.

 

 

          Certified copy of this order be provided to both the parties free of cost.

File be consigned to the record-room.

 

 

(Prabha Wati)        (DV Rathi)                 (Nagender Singh-President)

Member DCDRF        Member DCDRF                   DCDRF, Sonepat.

 

Announced:24.08.2015