By. Sri. Jose. V. Thannikode, President:
The complaint is filed under section 12 of the Consumer Protection Act against the opposite parties to get the expenses incurred for the treatment with cost and compensation due to the deficiency of service.
2. Brief of the complaint:- The complainant approached the opposite party No.1 to treat for his leg pain in the month of August 2013 and the opposite party No.1 examined the patient and he found her decease as TB and gave medicine for the same and treated for two and half months. But since the leg pain not come down and leg shown same weakness the complainant is shifted to Sulthan Bathery Taluk Hospital. Thereafter checkup it is found liver complaint. So she has taken to Kozhikode Medical College for treatment and from that treatment also she got no relief, then transferred to Good shepherd Hospital, Vythiri and continuing treatment from there. From the tests conducted from Good shepherd Hospital, Vythiri it is found that she had never TB decease and because of the treatment and medicine taken by the complainant, due to the side effect of that medicine the complainant caught complaint in liver and other parts of the body. Now also the leg of the complainant weak, pain, swelling and back pain etc and she cannot walk and cannot stand straight due to back ache and in a laying condition for the last six months. Because of the wrong treatment by the opposite parties, complainant caused mental agony, pain and complaint in liver and other parts of the body and financial loss also about 3 lakhs and complainant further says that it is clearly because of the deficiency of service and unfair trade practice by the opposite parties.
3. Hence prayed before the Forum to direct the opposite parties to pay Rs.3,00,000/- which is spend for treatment till today and to pay Rs.2,00,000/- as compensation and to pay cost of the proceedings.
4. Notices were served to opposite parties and opposite party No.1's notice returned stating that he is left without intimation. Hence opposite party No.1 is called ex-parte on 01.01.2015 and opposite party No.2 appeared and availed so many chances for version, at last on 31.01.2013 also opposite party No.2 not filed version. Hence opposite party No.2 is also set ex-parte.
5. The complainant filed proof affidavit and stated as stated in the complaint and she is examined as PW1 and Ext.A1 to A6 were marked. Ext.A1 is the Certificate issued by the Medical Officer (Opposite Party No.1), wherein it is stated as “complainant is a TB patient and she is continuing the treatment and it is to be continued also and further shows that the complainant is not admitted in any of the TB treatment Hospital in the state”. Ext.A2 is the Tuberculosis Identity card issued by the opposite party No.1 to the complainant. Ext.A3(1), A3(2) and A(3) are the Laboratory Investigation Report Haematology/Serology issued to the complainant from Community Health Centre, Pulpally. Ext.A4 is the Blood Biochemistry Laboratory Report issued from Government Taluk Hospital, Sulthan Bathery to the complainant on 25.10.2013. A5(1), A5(2) and A5(3) are the Referral Out patient Tickets. Ext.A6 is the Certificate issued by Dr. Krishnadas. M. D, Good shepherd Hospital, Vythiri , wherein it is certified that Mrs. Radhika is undergoing treatment for polymyositis since March 2014. She does not have any evidence of tuberculosis. Ext.A7 is the X-ray of the complainant. From the side of complainant other witness Dr. Vineeth from Taluk Hospital, Sulthan Bathery is also examined as PW2, he deposed that “even though the X-ray shows no evidence of TB, we cannot say the patient having such disease or not”.
6. On perusal of complaint, evidences, documents and depositions the Forum raised the following points for consideration:-
1. Whether there is any deficiency of service from the part of opposite parties?
2. Relief and cost.
7. Point No.1:- Since the opposite parties are ex-parte we cannot disbelieve the complainant and the allegation can be believed in toto. Since the complainant not produced any evidence to show the actual expenses incurred by the complainant, it is not believed fully. Hence we opine that there is a clear deficiency of service from the side of opposite parties. Hence the Point No.1 is found accordingly.
8. Point No.2:- Since the point No.1 is found against the opposite parties. They are jointly and severally liable to pay the expenses incurred for the treatment and to pay cost and compensation and the complainant is entitled for the same.
In the result, the complaint is partly allowed and opposite parties are jointly and severally directed to pay Rs.2,00,000/- (Rupees Two Lakh) as the expenses incurred for the treatment and Rs.10,000/- (Rupees Ten Thousand) as compensation and Rs.5,000/- (Rupees Five Thousand) as cost of the proceedings. This Order must be complied by the opposite parties within 30 days from the date of receipt of this Order.
Dictated to the Confidential Assistant, transcribed by him and corrected by me and Pronounced in the Open Forum on this the 24th day of July 2015.
Date of Filing:13.11.2014.
PRESIDENT :Sd/-
MEMBER :Sd/-
MEMBER :Sd/-
/True Copy/
Sd/-
PRESIDENT, CDRF, WAYANAD.
APPENDIX.
Witness for the complainant:-
PW1. Radhika(affidavit). Complainant.
PW2. Vineeth. Doctor, Taluk Hospital, Sulthan Bathery.
Witness for the Opposite Parties:-
Nil.
Exhibits for the complainant:
A1. Copy of Certificate.
A2. Tuberculosis Identity Card.
A3(Series). Laboratory Investigation Report(3 Nos).
A4. Laboratory Report, Blood Biochemistry. Dt:25.10.2013.
A5(Series). Referral Out Patient (3 Nos).
A6. Certificate. Dt:08.08.2014.
A7. X-ray.
Exhibits for the opposite parties:-
Nil.
Sd/-
PRESIDENT, CDRF, WAYANAD.
a/-
