IN THE COURT OF THE LD. DISTRICT CONSUMER DISPUTES REDRESSAL FORUM AT S I L I G U R I.

CONSUMER CASE NO. : 33/S/2015.                           DATED : 21.09.2016.   

BEFORE  PRESIDENT              : SRI BISWANATH DE,

                                                              President, D.C.D.R.F., Siliguri.

                      MEMBERS              : SMT. PRATITI BHATTACHARYYA &

                                                              SRI PABITRA MAZUMDAR.

COMPLAINANT             : MRS. SUNITI BISWAS,  

  W/O Mr. Patit Paban Biswas,

  R/O. Jyoti Nagar, Phansidewa,

  Dist.- Darjeeling, West Bengal.

O.Ps.             1.                      : DR. SUBHASH SARKAR,  

 Department of Health and Family Welfare,

  Government of West Bengal, GN-29,

  Sector – V, Salt Lake, Kolkata – 700 091,

  Swasthya Bhawan.

                        2.                     : THE SECRETARY,  

 Department of Health and Family Welfare,

  Government of West Bengal, GN-29,

  Sector – V, Salt Lake, Kolkata – 700 091,

                                                              Swasthya Bhawan.

                                    3.                     : BMOH,

  Phansidewa Block, Phansidewa,

  Darjeeling, Pin- 734 434.

FOR THE COMPLAINANT         : Sri Shantanu Chakraborty, Advocate.

J U D G E M E N T

Sri Biswanath De, Ld. President.

          The complainant’s case is that complainant was subjected for operation by Family Welfare programme instituted by West Bengal Government with the aid of the Central Government.  After operation, the complainant suffered pain and later referred to North Bengal Medical College & Hospital, USG was done.  It was revealed that complainant suffered perforation in terminal ileum as reported in discharge report dated 14.07.2012.  Thereafter, Loop Ileostomy was conducted upon the complainant to relief her from severe pain.  Thereafter, on 08.10.2012 an operation was done on the complainant for Ileostomy closure.  Thereafter, on 23.08.2012, complainant was diagnosed with acute calculus of cholecystitis.  The complainant was under the treatment of OPs and under the assurance of West Bengal Government.  The complainant suffered irreparable

Contd….P/2

-:2:-

 loss during sterilization done on her private parts by the OPs.  The complainant came to the Government sterilization camp with a hope of good treatment, but due to utter negligence of OPs, the complainant has suffered loss during her next life.  It is also complainant’s case is that she went there for sterilization i.e., prevention of birth of child.  But due to wrong treatment and negligence conduct of doctors, different complication was created, i.e., she suffered by gall gladder operation and fistula in Ilium.  Accordingly, after suffering a prolong time she has come before this Forum for Redressal.  The complainant has lodged complaint before different authorities mainly BDO, Phansidewa Block dated 13.03.2014, Chief Medical Officer of Health, Darjeeling, BMOH, Phansidewa, North Bengal Development Minister, SDO, Siliguri dated 28.11.2013.  This incident was published in the Uttar Banga Sambad on 27.07.2012.         

The OP Nos.1, 2 & 3 appeared and filed written version denying inter-alia all the material allegations as raised by the complainant and stated that complainant is not consumer.  It is further stated by the OPs that the complication which occurred up in this case are known as common complications as such the Central Government provides compensation through Insurance Company without taking any premium from the patient party.  In the present case the complainant also received Rs.6,213/- from the ICICI Lombard General Insurance Company Ltd. provided by the Government of India vide Cheque No.060626 dated 20.06.2013 from the Deputy Chief Medical Officer of Health III, Darjeeling/Block Medical Officer of Health, Phansidewa on account of Insurance claim settlement of Smt. Suniti Biswas under Family Planning Insurance Scheme and the same was received by Smt. Suniti Biswas on 19.07.2013 with full satisfaction.  That it is stated in paragraph a, F.U. was narrated by the complainant in wrong way and collected from the internet Colon and Rectal Cancer, Breast Cancer and other disease but the fact is the meaning of Fu is fallow up, FU is stated as Follow up care of Ilesotomy which does not mean a treatment of cancer and the statement is not related with the treatment given by the OP No.1 and the problem of Gall Stone which was not due to tubectomy operation.  It is also contended that the ligation operation was done at Phansidewa BPHC maintaining all the Government of India guidelines regarding sterilization operation recording of the and maintaining strict quality all the rules and regulation as per manual 1971.  It is also admitted that patient i.e., the complainant was not discharged, but she was admitted to Phansidewa BPHC for further treatment and thereafter she had been referred to North Bengal Medical College.

Contd….P/3

-:3:-

To prove the case the complainant filed the following documents :-

1.       Original admission certificate dated 13/07/2012 of the Department of Health (Annexure-X).

2.       Original discharge certificate of the Department of Health (Annexure-Y).

3.       Original USG treatment sheet of the Department of Health (Annexure-Z).

4.       Original discharge certificate dated 08/10/2012 (Annexure-A).

5.       Original discharge certificate dated 08/10/2012 (Annexure-B). 

6.       Original discharge certificate dated 13/10/2012 (Annexure-B2).

7.       Original discharge certificate dated 23/08/2013 (Annexure-E).

8.       Original discharge certificate dated 04/10/2013–10/10/2013 (Annexure-F).

9.       Original discharge certificate dated 10/09/2013–14/09/2013 (Annexure-G).

10.     Original OPD Patient cards dated 01.11.2013, 08.04.2014, 19.08.2014 & 20.11.2015 (Annexure – H, J, K & L).

11.     Original related paper to the Departments (EXB 1 TO 8).

12.     Original copy of CMOH, Darjeeling dated 05.06.2015 (Annexure – Z).

13.     Reference of case Law No.1 to 4.

          OPs did not file any documents.    

          Complainant has filed evidence in-chief.

OPs have filed evidence-in-chief.

          Complainant has filed Written Notes on argument. 

OPs have filed Written Notes of Argument.

Points for determination

1.       Is there any deficiency in service on the part of the OPs ?

2.       Is the complainant entitled to get any relief as prayed for ?

Decision with reason             

          Both issues are taken up together for the brevity and convenience of discussion.

In evidence-in-chief in para 4, complainant stated that after operation, severe pain took place and on 17.07.2012 NBMC asked for USG of whole abdomen.  On 14.07.2012 she took admission and she was discharged on 08.08.2012.  Complainant stated that as per discharge certificate there was a percolation in terminal area and thereafter complainant has exaggerated her case in evidence-in-chief stating philosophical aspect and effect of alleged

Contd….P/4

-:4:-

negligent act of operation of sterilization done by the OPs.  The complainant also stated she informed all the authorities as stated hereinbefore informing her complication of life and sufferings of pains by repeated treatment of diligent doctors from lower to higher hierarchy.  But, the local authorities who are related with the imparting treatment and implementation of the program of the government as per the manual 1971, have not extended their hands for active cooperation to reliefs the sufferings of this helpless distress illiterate village lady who came to the open camp organized by OPs for sterilization i.e., prevention of giving birth of further children. 

The OPs also in their written version categorically supported the all allegations of the complaint vide written version in para 10, 11 & 12.  In para 10 of written version, the OPs admitted that in this case the complainant received Rs.6,213/- from ICICI Lombard General Insurance Company Ltd. provided by the Government of India vide cheque no.060626 dated 20.06.2013 from the Deputy Chief Medical Officer of Health and the same was received by the complainant on 19.07.2013. 

the series of papers filed by the complainant regarding treatment sheet issued by the Department of Health and Family Welfare, Government of West Bengal, dated 08.10.2012, dated 04.08.2012, 14.07.2012, 13.10.2012, 22.10.2013, 22.04.2014, 20.11.2015, 20.11.2015.  These documents issued by the Health Department, Government of West Bengal show that this patient was treated for long time after the operation i.e., from 10.07.2012 to onwards.  These documents and written version of OPs distinctly prove that there had been some want of due care and attention during the continuation of surgical operation on the blaze illiterate lady in the disguise of welfare of the society.  Certainly, the welfare state has duty to the protection of life and liberty and health of the citizen.  Every citizen shall demand it from the state.  The state distributes this work for the welfare of the downtrodden section of the society for their upliftment and to bring them in the steam of national life.  But the enforcement authority i.e., here the OPs are very reluctant and in a drowsy state to implement the scheme and program offered by the Government that may be Central Government or State Government.

In the instant case in our hand, this poor, illiterate and blaze complainant was called for by the OPs for sterilization in the camp as per their description.  The authority did not take management cleanliness and did not create infection free zone to stop infection, to conduct operation in a healthy manner.  The conduct of the OPs reflected in the record, shows that OPs are habituated to treat the patient like the complainant as a cow and goat

Contd….P/5

-:5:-

although, cow and goat are giving more care by the owner of the cow and goat.  But here is no one to protect the privacy health life of the complainant. 

The act of the OPs compelled the complainant to move here and there only to prevent herself from pain and suffering.  The OP has taken a very indifferent defence that complainant has taken some amount of money from the Insurance Company for the injury caused to her.  Such statement obviously shows how negligent the OPs are performing their duty.  There is no value of life and property of a common man or woman in our society who are poor and have no sufficient money in incur expenses for their treatment.  The bunch of documents filed by the complainant unequivocally shows how the complainant has been compelled to move from post to pillar for revealing herself from pain in stomach and other parts of her body. 

This case is glaring example of negligent act of the Government officials who are paid from the public fund, but they did not bother to apply mind for the welfare of the common and downtrodden member of the society.  The deplorable conditions of those persons like the complainant failed to attract any attention of the senior officials like the OPs.

It is the duty of the public officer to discharge their duties with due care and attention for the benefit of the public.  But in this case, the OPs did not perform their duties with due care and attention for better treatment of the complainant with their best efforts. 

Accordingly, after deep deliberation over the materials of record i.e., complaint of complainant, evidence of both sides, written notes of argument of both sides and applying mind on the post and pre circumstances of the incident, this Forum is of opinion that there is a great deficiency and negligence on the part of the OPs and OPs must compensate to the complainant for the sufferings arisen by their negligent act.

Therefore, the complainant is entitled to get compensation from the OPs.

Now, regarding compensation the complainant prayed Rs.20,00,000/- as compensation for severe loss of health and vital organ, mental agony, harassment and tension.

The document issued by the Hospital authorities and OPs shows that the complainant has suffered very much, has lost her vital organ and remained  under treatment for continuous treatment of more than three years.  The OPs are jointly and severally liable for their act.  They must compensate the loss suffered by the complainant out of their own fund.

In this case the complainant is a woman.  She has duty towards her

Contd….P/6

-:6:-

husband, children and also towards herself.  Due to such ill treatment and negligent act of OPs, the husband has been deprived his service of the complainant.  The little son and daughter have also been deprived the care and service of their mother who is seriously ill and remained under treatment in hospital under different doctors as shown by the document issued by the different hospitals.

So, after deep introspection we are of opinion that if Rs.15,00,000/- is allowed as a compensation money payable by the three OPs, who are jointly and severally liable, out of their own pockets, they only better protection shall be given to the complainant and other consumers also and giving better protection is the aim and objection of the Consumer Protection Act, 1986 and under Section 14 empowers this Forum to pass order as the relief of the consumers. 

In the result, the case succeeds.         

Hence, it is

                     O R D E R E D

that the Consumer Case No.33/S/2015 is allowed on contest against the OP No.1, OP No.2 & OP No. 3 with cost.

The complainant is entitled to get Rs.15,00,000/- as compensation for severe loss of health and vital organ, mental agony, harassment and tension from the OPs.

The complainant is further entitled to get Rs.10,000/- towards litigation cost from the OPs.

The OP Nos.1, 2 & 3, who are jointly and severally liable, are directed to pay Rs.15,00,000/- by issuing an account payee cheque in the name of the complainant for severe loss of health and vital organ, mental agony, harassment and tension within 45 days of this order.

The OPs, who are jointly and severally liable, are further directed to pay Rs.10,000/- by issuing an account payee cheque in the name of the complainant towards litigation cost within 45 days of this order.

Failing which the amount will carry interest @ 9% per annum on the awarded sum of Rs.15,00,000/- from the date of this order till realization.

In case of default, the complainant is at liberty to execute this order through this Forum as per law.           

Let copies of this judgment be supplied to the parties free of cost.

  -Member-                           -Member-                       -President-