District Consumer Disputes Redressal Commission ,Faridabad.

Consumer Complaint  No.265/2022.

 Date of Institution: 17.05.2022.

Date of Order: 23.12.2022.

Mrs. Sajida W/o Nasar age 31 years, Near Jama Masjid, Mohalla Haveli Wale, Lakhnaka, Palwal - 121103

                                                                   …….Complainant……..

                                                Versus

1.                Dr. Sandeep Jain C/o Gaurav Hospital, Rajeev Colony, Samaypur Road, Ballabgarh, Faridabad, Haryana – 121004. Mobile No. 9873865446.

2.                Dr. Kuldeep, Rajeev Colony, Samaypur Road, Ballabgarh, Faridabad, Haryana – 121004.

3.                Gaurav Hospital, Rajeev Colony, Samaypur Road, Ballabgarh, Faridabad, Haryana – 121004. Mobile No. 9999408994.

                                                                   …Opposite parties……

Complaint under section-12 of Consumer Protection Act, 1986

Now  amended  Section 34 of Consumer protection Act 2019.

BEFORE:            Amit Arora……………..President

Mukesh Sharma…………Member.

Indira Bhadana…………Member.

PRESENT:                   Sh.   Jagvinder Singh Phagna ,  counsel for the complainant.

                             Opposite parties Nos. 1 to 3 ex-parte vide order dated 7.6.2022.

ORDER:  

                   The facts in brief of the complaint are that  the complainant had become pregnant sometime in September, 2018.  Since her expected delivery date was 08.06.2019.  She waited for her labour pain from 01.06.2019 till 13.06.2019.  However labour pain did not develop.  After waiting for a while, she visited the opposite party NO.3 hospital on 14.06.2019 alongwith her husband for a medical examination and check up.    The opposite party No.2 who checked the complainant and advised her to get immediately admitted in the hospital.  However, no medical efforts  were made by the doctors of opposite party No.3 to develop labour pains on 14.06.2019.  Opposite party NO.2 started telling her husband that the condition of the complainant was critical and a cesarean operation upon the complainant was required to be done.  The husband of the complainant agreed with the advice of the cesarean operation.  Opposite party No.1 conducted the operation upon the complainant on 15.06.2019 in a negligent manner and against the guidelines of the Medical Council of India.  As a result a surgical swab was left in the Abdomen of the complainant during the operation.  Due  to sole negligent acts of the opposite parties postoperative complication arose..  After the surgical operation and the delivery of the child, the complainant was suffering from pain Abdomen.  After discharge from the hospital, the complainant did not feel good and she had regular pain in her abdomen and she was in regular touch with the opposite parties for her treatment of pain in abdomen.  Each time she was informed and advised by the opposite parties that due to the operation, pain might continue for some time.  However,  the opposite parties prescribed some medicine for pain relief.  The complainant also assumed the same as after an effect of cesarean operation.   The opposite parties advised that the pain would be gone after some days however, the pain did not go and the complainant was constrained to use medicine which prescribed by the opposite parties.  The complainant was in a very bad condition as she was continuously suffering from pain in her abdomen region, so the complainant visited in another hospital i.e Pawan Hospital in the month of April 2021 alongwith her husband due to the said pain.  The said ultrasound of the whole abdomen was done on the same day. The doctors of he Pawan  Hospital suggested a CT scan of abdomen of the complainant.  On 17.6.2021 the complainant and her husband visited the Al-Falah School of Medical Sciences & Research Centre Dhauj, Faridabad for the CT scan of abdomen and the said CT scan of her abdomen was done on  the same day,  The doctors of Al-Falah hospital suggested for a surgery and that the complainant had to be admitted.  Thereafter the complainant got admitted by her husband in the Al-Falah Hospital, on 23.06.2021 for operation/further treatment.  During the operation a surgical swab was found in the abdomen of the complainant and approx. one liter of pus in prseudougst adherent to bowel/omenlus/at surface.  The said swab was left behind in the body of the complainant during her cesarean section operation performed by the opposite parties in Gaurav Hospital on 15.06.2019.    It was a gross negligent act on the part of the opposite parties having left the surgical swab in the abdomen of the complainant during the operation performed by him on 15.06.2019.  After the operation the said swab was sent for histopathological examination (HPE) and histopathology report dated 24.06.2021 prepared by the Al-Falah Hospital .The aforesaid act of opposite parties amounts to deficiency of service and hence the complaint.  The complainant has prayed for directions to the opposite parties to:

a)                pay Rs.50 lakhs as compensation with interest @ 12% from the date of filing the suit till the date of actual payment.

 b)                pay Rs.10,00,000/- as compensation for causing mental agony and harassment .

c)                pay Rs.1,05,632/- to the complainant for various charges received by them during operation and also incurred by the complainant after discharge for her travelling, check up and medication.

d)                 payment of the cost of the present litigation.

2.                 Notice issued to opposite parties Nos.1 to 3 received back with the report of “Refusal”.  Case called several time since morning but none appeared on behalf of opposite party No.1 to 3.  Therefore, opposite  parties Nos.1 to 3 were hereby proceeded against ex-parte vide order dated 7.6.2022.

3.                The complainant led evidence in support of his respective version.

4                  We have heard learned counsel for the complainant and have gone through the record on the file.

5.                In this case the complaint was filed by the complainant against opposite parties – Dr. Sandeep Jain & Ors. with the prayer to a)  pay Rs.50 lakhs as compensation with interest @ 12% from the date of filing the suit till the date of actual payment.  b)         pay Rs.10,00,000/- as compensation for causing mental agony and harassment . c) pay Rs.1,05,632/- to the complainant for various charges received by them during operation and also incurred by the complainant after discharge for her travelling, check up and medication. d)           payment of the cost of the present litigation.

                   To establish his case, the complainant  has led in his evidence Ex. CW1/A – affidavit of  Mrs. Sajida – complainant, Ex.CW1/1 – Indoor Record file, Ex.CW1/2 -   Test report dated 13.04.2021, Ex.CW1/3 – report of ECET abdomen, Ex.CW1/4 – discharge summary, Ex.CW1/5  - Histopathology report, Ex.CW1/6 -  letter  dated 1.12.2021, Annx.C-7 – letter to The Commissioner of Police dated 1.12.2021, Annx. C-8  Director of General Health Service, Annx.C-9 to C-11 – postal receipts, Annx.C-12 – letter to the Chief Minister, Chandigarh through  CM Window,, Annx. C-13  letter dated 02.12.2021,, Annx.C-14 – CMO, B.K.Hospital, Faridabad,, Ex.CW1/7 – Advance receipt,

 6.               There is nothing on record to disbelieve and discredit the aforesaid ex-parte evidence of the complainant. Since opposite parties have not come present to contest the claim of the complainant, therefore, the allegations made in complaint by the complainant go unrebutted. From the aforesaid ex-parte evidence it is amply proved that opposite parties  have rendered deficient services to the complainant.

7.                After going through the evidence as well as the report of  Medical Board, Civil Hospital, Faridabad dated 16.11.2021  in which it has been held that “ After going through the records, statements, cross examinations and  conducting the enquiry, negligence board is of the opinion that strong  punitive/legal action be taken against Gaurav Hospital as he did not provide any documents related to the patient Sajida, was willfully absent from attending the enquiry on the dates, for wasting the valuable time of negligence board and thus delay in providing the justice to the complainant.

                             SD/-                                                  Sd/-

Dr.Sandeep Aggarwal. ASMO                    Dr.Sandeep Beniwal, MO

District Civil Hospital, Faridabad                 District Civil Hospital, Faridabad.

   Sd/-                                                                             Sd/-

Dr.Atul Aggarwal                                        Dr, Punta Hasija

NIMA President                                          IMA President

      Sd/-                                                                Sd/-

Dr. Vikas Goel, SMO                                  Dr, Gajraj Singh, Dy. C.S.

Nominee of PMO                                        Nominee of Civil Surgeon

District Civil Hospital, Fbd.                         O/o Civil Surgeon, Faridabad. “

8.                 Keeping in view of the above submissions, the Commission is of the opinion that the complaint is allowed.

9.                Opposite parties Nos.  1 to 3  jointly & severally, are directed to:

a)                refund the paid amount @ 9% p.a. from the date of filing of complaint till its realization.

b)                pay Rs.5,00,000/- as compensation on account of mental tension, agony and harassment.

c)                pay Rs.11,000/- as litigation expenses.

Compliance of this order be made within 30 days from the date of receipt of copy of order.  Copy of this order be given to the parties  concerned free of costs and file be consigned to record room.

Announced on:  23.12.2022                                 (Amit Arora)

                                                                                  President

                     District Consumer Disputes

           Redressal  Commission, Faridabad.

                                                (Mukesh Sharma)

                Member

          District Consumer Disputes

                                                                    Redressal Commission, Faridabad.

                                                (Indira Bhadana)

                Member

          District Consumer Disputes

                                                                    Redressal Commission, Faridabad.