Haryana

StateCommission

A/592/2015

SAROJ DEVI - Complainant(s)

Versus

DR.SUNL YADAV - Opp.Party(s)

VARUN GUPTA

04 Jan 2016

ORDER

STATE CONSUMER DISPUTES REDRESSAL COMMISSION HARYANA, PANCHKULA

                                                 

First Appeal No  :      592 of 2015

Date of Institution:      15.07.2015

Date of Decision :       04.01.2016

 

 Smt. Saroj Devi wife of Sh. Bajrang Lal, Resident of Nangal Mala, Tehsil and District Mahendergarh, Haryana.

                                      Appellant/Complainant

Versus

 

1.      Dr. Sunil Yadav c/o Shri Krishna Children Hospital & Maternity Centre, near Rao Tula Ram Chowk, Town Mohindergarh.

 

2.      United India Insurance Company Limited through Branch Manager Shri Krishna Hospital, Rao Road, Tula Ram Chowk, District Mahendergarh, Haryana.

                                      Respondents/Opposite Parties

 

CORAM:             Hon’ble Mr. Justice Nawab Singh, President.

                             Shri B.M. Bedi, Judicial Member.

                             Shri Diwan Singh Chauhan, Member   

 

Present:               Shri Varun Gupta, Advocate for appellant.

                             None for respondent No.1.

                             Shri R.C. Gupta, Advocate for respondent No.2.

 

                                                   O R D E R

 

B.M. BEDI, JUDICIAL MEMBER

 

This appeal of complainant is directed against the order dated 19^th February, 2015 passed by District Consumer Disputes Redressal Forum, Narnaul (for short ‘the District Forum’) in Consumer Complaint No.128 of 2010, for enhancement of compensation.

2.      Saroj Devi-complainant/appellant, filed compliant under Section 12 of the Consumer Protection Act, 1986, averring that in December, 2009 she felt pain in her stomach. On December 17^th, 2009, she visited Dr. Sunil Yadav-Opposite Party No.1. After examining and conducting necessary medical tests, the opposite party No.1 told that there was stone in complainant’s gall bladder. She was operated upon on December 28^th, 2009 against charges of Rs.30,000/-. It was alleged that the opposite party No.1 did the operation very negligently causing serious damage to the internal vein and other vital parts of the body which was lateron diagnosed as “Post Cholecystectomy bile duct injury (CHD) c biliary peritonitis St. P.C.D. Laparatoney, Lavage and drainage”. There was swelling on the stomach after operation. In January 2010, her condition worsened more and she suffered from jaundice. On January 30^th, 2010 she was in critical condition. The opposite party No.1 further charged Rs.30,000/- from her. On January 31^st, 2010 she was referred to Santokhba Durlabhji Memorial Hospital, Jaipur, where she remained admitted upto February 12^th, 2010. The doctors at Jaipur told that the condition of the complainant had worsened due to wrong treatment given by the opposite party No.1. The complainant spent a sum of Rs.1.00 lac on her treatment at Jaipur and in all she spent Rs.4.00 lacs. Thus, the complainant sought direction to the opposite parties to pay Rs.4.00 lacs besides compensation of Rs.80,000/- for mental agony and harassment.

3.      The opposite party No.1 in his reply pleaded that the complainant and her attendants were told about the consequences of operation. The operation of the complainant was conducted by Dr. Ramesh Aggarwal, who is a qualified surgeon. Complainant’s operation was conducted in accordance with the recognized medical norms. It was denied that the complainant had paid Rs.30,000/- on 28.12.2009, rather a sum of Rs.10,000/- was taken for all tests, medicines, Anesthesia, ultrasound and surgery etcetera.  The complainant was discharged from the hospital in good condition. Payment of Rs.30,000/- by the complainant on 30.01.2010, as alleged, was denied. Thus, denying the allegations of the complainant, it was prayed that the complaint be dismissed.

4.      The Opposite Party No.2 – United India Insurance Company Limited, in its reply stated that the complainant had not taken treatment from opposite party No.1 and therefore it was not liable to pay any compensation to the complainant. The other allegations of the complainant were also denied.

5.      On appraisal of the pleadings and evidence of the parties, the District Forum allowed complaint directing the opposite parties to pay Rs.45,000/- to the complainant within a period of 45 days from the date of order, failing which the opposite parties shall be liable to pay the amount of Rs.45,000/- alongwith interest at the rate of 9% per annum from the date of order till its realisation.

6.      Learned counsel for the appellant/complainant has urged that the compensation awarded to the complainant is on lower side because the complainant paid Rs.30,000/- twice, that is, on 28.12.2009 and 30.01.2010, to the opposite party No.1. Since, the condition of the complainant deteriorated, she was treated in Santokhba Durlabhji Memorial Hospital, Jaipur, where she spent Rs.1.00 lac and in all she incurred Rs.4.00 lacs on her treatment besides the mental agony and harassment suffered by her.

7.      A perusal of the record shows that in order to substantiate her claim qua the expenses incurred on her treatment, the complainant has only tendered her affidavit. Neither any representative of the hospital nor the medical stores, have been examined to prove the bills placed on the record. Merely by tendering complainant’s affidavit, the expenses as alleged by the complainant cannot be taken into consideration.  Another aspect of the case is that the operation of the complainant was conducted by Dr. Ramesh Aggarwal, who has not been arrayed as party. However, since the opposite parties have not challenged the order, this Commission does not want to go into those details.

8.      Having taken into consideration the facts and circumstances of the case, this Commission is of the view that the compensation of Rs.45,000/- awarded to the complainant is just and reasonable. No case for enhancement is made out. Hence, the appeal is dismissed.

 

Announced 04.01.2016

(Diwan Singh Chauhan) Member

(B.M. Bedi) Judicial Member

(Nawab Singh) President

CL