Delhi

North

CC/245/2011

MOHINDER KUMAR SAROJ - Complainant(s)

Versus

DR. LUXMI PARSHAD - Opp.Party(s)

04 Jan 2023

ORDER

Consumer Complaint No. CC/245/2011

In the matter of

 

1. Sh. Mohinder Kumar Saroj

S/o Sh. Bhai Lal                                                             ..........Complainant-1

 

2. Mrs.Nisha

W/o Sh.Mohinder Kumar Saroj

both R/o B-215, Jhuggi

Daya Basti, Sarai  Rohilla,

Delhi-110035                                                                 ..........Complainant-2

vs

1. Dr. Luxmi Parsad

s/o Sh.Dus Karan Ram

r/o A-396, Jhuggi

Daya Basti, R.P.F.Line

Delhi                                                                               ....Opposite party

 

2. Dr.Kamla Parsad Saroj

Bhartiya Clinic

R/o A-310/396, Jhuggi

Daya Basti, R.P.F.Line

Delhi                                                                            ....Opposite party

 

ORDER
04/01/2023

Harpreet Kaur Charya, Member

           The present complaint has been filed by Sh.Mohinder Kumar Saroj, Complainant-1 and Mrs. Nisha, Complainant-2 against Dr. Luxmi Parsad, OP-1 and Dr.Kamla Parsad Saroj, Bhartiya Clinic as OP-2 with the allegations of deficiency in services. 

          Briefly stated the facts of the present complaint are that Complainant No.1 and No.2 are the parents of late Master Anuj.  On 20/03/2011, the son of the complainants, Master Anuj aged about 02 years had unbearable pain on account of sum infection in his mouth for which he was taken to nearby Bhartiya Clinic.  The said clinic was run by OP-2, a practicing allopath and his brother Dr. Luxmi Parsad (OP-1).  An injection “Amikacin” was administered by OP-1 to the son of the complainant and thereafter, the condition of Master Anuj deteriorated and he lost consciousness.  Master Anuj was declared “brought dead” vide MLC No.1805/2011 by the doctors of Hindu Rao Hospital at 8.50 pm. 

          Post-mortem was conducted at Maulana Azad Medical College and Lok Nayak Hospital, New Delhi and thereafter, the body was handed over to the complainant no.1 through SI Kulvir Singh, PS: Sarai Rohilla . An FIR bearing No.126 dated 20/04/2011 was registered with PS, Sarai Rohilla against OP-1 and OP-2.

          A show cause notice was also issued by Chairman Anti-Quackery Committee and as per order of Delhi Medical Council it was found that OP-2 was holding Vaidya Visharad Qualification from Hindi Sahitya Sammellan, Allahabad (obtained in 1990)  which was not a recognised qualification as per Supreme Court order and OP-2 had been practicing allopathy without holding requisite medical qualification as enumerated in scheduled of Indian Medical Council Act, 1956 and further it was noted that OP-1 was not registered with Delhi Medical Council. 

          It has been stated by the complainant that the sudden and untimely death of their son due to the negligence of OP-1 and OP-2 has resulted in mental and physical pain as well as loss of love and affection, the complainant has suffered and irreparable loss which can neither be expressed nor be compensated in term of money.  It has been further stated that Rs.25,000/- were spent on the last rites of Late Master Anuj. 

          Legal notice dated 30/06/2011 was served upon OPs demanding Rs.10,00,000/- as damages which was neither replied nor complied with hence the present complaint with the prayer for directions to OP-1 and OP-2 to pay Rs.10,00,000/- towards mental agony, harassment and deficiency in services as well as dereliction of duties; Rs.15,000/- as litigation expenses alongwith incidental cost and interest from the date of filing the complaint till disposal.

          The complainant have annexed legal notice dated 30/06/2011 alongwith speed post receipt and “registered AD”; printout of the news clipping; photographs of late Master Anuj; statement of Sh. Mohinder Kumar Saroj with respect of the receiving of the dead body of Mst. Anuj dated 24/03/2011; complaint to Dy. Commissioner of Police, North Distt. Dated 19/04/2011; FIR No.126/2011, PS: Sarai Rohilla: Post-mortem examination report bearing No.258/2011 and order dated 21/04/2011 of Delhi Medical Council with the complaint.

          Notice of the present complaint was served to OP-1 and OP-2 which were received back with the report “refused to receive”. Therefore, they were deemed to be served. However, none appeared despite service nor any reply was filed on their behalf despite several opportunities, hence they were proceeded ex-parte.

          During the proceedings the present complaint was dismissed in default vide order dated 26/09/2013 and was subsequently restored and remanded back by Hon’ble State Commission, New Delhi vide order dated 02/12/2015 in  FA No.133/15.

          We have perused the material placed on record, it is seen that the complainant has stopped appearing from 18/08/2020. Thereafter, notice dated 21/10/2022 for appearance was issued by this commission to the complainants and their counsels.  However, no one appeared despite service .Moreover, the complainants have not filed evidence by way of affidavit in support of their allegations; it seems that they have abandoned their complaint

          Therefore, in the facts and circumstances, the present complaint is dismissed.

Office is directed to supply the copy of this order to the parties as per rules.  Order be also uploaded on the website. 

Thereafter, file be consigned to the record room.