Balraj Kumar Vs. Dr. Indu R. Singh and Others.

Present: Sh. Inderjit Singh Bhatia, Adv Counsel for complainant.

This complaint presented before us for admission of the same.

Brief facts of the present complaint are that the complainant suffered from blood clotting/cataract in the left eye and approached the OP No.1 and 2, who are running Dr. Daljit Singh Eye Hospital at Amritsar and claim to be expert eye surgeons in Northern Region. The complainant had approached the OP No.1 and 2 on account of their popularity and expertise. The complainant informed the OP No.1 and 2 that he was diabetic and was insured by the OP No.3.

That OP No.1 and 2 examined the complainant on 09.07.2015 and diagnosed that the complainant was suffering from cataract plus vit.hge in the left eye. The complainant was advised to undergo Phace+IOL+PPV+EL+FGEX in left eye as well as the operation. The complainant was assured that the cataract would be removed, the optic nerve would be cleaned and the eye sight shall be corrected with laser cut and the complainant would be able to see clearly after the operation.

The complainant was given the cost of the entire procedure amounting to Rs.35,558/- inclusive of pre and post operative medicines. The complainant is having health insurance cover from the OP No.3. The complainant was advised to get admitted on 10.07.2015 and the operation was to be carried on 11.07.2015. The complainant was allotted Registration No.445366, date of registration 06.07.2015 and TPAID 100453188. Since the complainant was diabetic, the OP No.1 and 2 were supposed to conduct HBA1c test before carrying out the operation. However, the OP No.1 and 2 did not conduct the said test and straight away operated upon the left eye of the complainant for the advised procedure. The complainant was discharged on 12.07.2015 as per discharge summary issued by the OP No.1 and 2. That the OP No.1 and 2 claimed the amount of Rs.35,558/- from the OP No.3 as the complainant was having Health Insurance Coverage from the said company.

That the complainant followed up the post operation check-ups from the OP No.1 and 2 and took the medicines as advised by the OP No.1 and 2. The complainant also followed all the instructions and precautions advised by the OP No.1 and 2 for post operative care. The OP No.1 and 2 certified that the post operative examination was unremarkable and condition on discharge was satisfactory and the operation was uneventful. After the operation, the vision in the left eye was not restored and the complainant approached the OP No.1 and 2, three-four times. On every visit, the OP No.1 and 2 did not give any satisfactory response and kept on charging their consultation charges. When the complainant asked the OP No.1 and 2 that he was not satisfied with the operation and had no vision in his left eye, they simply shrugged off their shoulders told the complainant that they could not do anything as the operation was successful and the vision was lost later on. The complainant approached Arora Eye Hospital and Retina Centre, Jalandhar and Rishi Eye Centre, Tanda and got himself examined on 16.03.2016 and 17.03.2016. After examining the complainant, Dr. Amandeep Singh Arora and Dr. Karandeep Singh Rishi diagnosed that there was no vision in the left eye there was cataract in the right eye. They further advised that the operation undergone by the complainant was not satisfactory.

That the OP No.1 and 2 were negligent in operating upon the complainant and due to the deficiency in service on their part, the complainant has lost complete vision of the left eye and as per the opinion of the above said eye specialists, the vision is incurable and as such the instant complaint filed with the prayer that the OP No.1 and 2 be directed to pay a compensation to the tune of Rs.19,00,000/- on account of deficiency in service and negligence in operating upon the complainant due to which he has suffered loss of vision in the left eye and further OPs be directed to pay damages to the tune of Rs.50,000/- as legal expenses.

After hearing the learned counsel for the complainant as well as gone through the case file, we find that the operation has been got conducted by the complainant from OP No.1 and 2, running their hospital at Amritsar and cause of action virtually accrued at Amritsar not at Jalandhar, the learned counsel for the complainant submitted that the OP No.3 is having its Branch Office at Jalandhar and therefore this Forum has a jurisdiction but we do not agree with the submission of learned counsel for the complainant because the complainant has not claimed any relief from the OP No.3 nor there is any role of the OP No.3 in regard to conduct the eye operation of the complainant and thus we reached to the conclusion that this Forum has no jurisdiction to entertain the present complaint. Therefore, this complaint is dismissed for want of jurisdiction and it is further ordered that complaint be returned to the complainant with the option to file the complainant in appropriate Forum. Copies of the order be supplied to the parties free of cost, as per Rules. File be indexed and consigned to the record room.

Dated Parminder Sharma Karnail Singh

12.07.2017 Member President