HON’BLE JUSTICE ISHAN CHANDRA DAS, PRESIDENT

       This appeal has been directed against the judgment and order dated 16-02-2018 passed by the erstwhile DCDRF, Kolkata, Unit-II in CC/586/2016 where the Forum concerned while disposing of the said complaint case, allowed it in part on contest, directed the OPs to pay a sum of Rs. 50,000/- (Rupees fifty thousand) towards excess expenditure for the treatment along with litigation cost of Rs. 2,000/- (Rupees two thousand), to be paid within thirty days from the date of the order with default clause.

       Being aggrieved by such judgment and order the complainant of CC/586/2016 preferred this appeal.

       The case of the appellant/complainant was that the complainant being a practicing cardiologist, aged about 66/67 years had been suffering from spinal cord compression with the symptoms of numbness and weakness in her legs, loss of balance and inability to stand continuously. The complainant through her son Mr. Debraya Mukherjee approached Dr. Amitava Chanda of Fortis Hospital, Anandapur on 02-06-2016 for consultation and treatment of her aforesaid symptoms and during consultation it was advised by Dr. Chanda that Spinal Cord Decompression was required to be performed. The OP no. 3/Fortis Hospital, Anandapur provided an Estimation Sheet to the son of the complainant for the proposed surgery and allied cost to the tune of Rs. 85,000/- (Rupees eighty five thousand) at a Multi Bed Room facility at the said Hospital and total cost was Rs. 2,45,000/- (Rupees two lakh forty five thousand) and another fees was provided on the self same date where the total cost was shown to the tune of Rs. 3,45,400/- (Rupees three lakh forty five thousand four hundred) at the total hospital stay of three days for the patient in a Twin Deluxe Room facility. The complainant opted the Multi Bed Room facility at the cost of Rs. 2,45,000/- (Rupees two lakh forty five thousand). The complainant had to deposit a sum of Rs. 5,000/- (Rupees five thousand) as advance on 08-06-2016 and a sum of Rs. 10,000/- (Rupees ten thousand) on 16-06-2016 with the OP no. 3 for the said surgery, the date of admission at Fortis Hospital was stated on 17-06-2016 and the date of operation was on 18-06-2016. On 17-06-2016 the complainant came from her home to the Fortis Hospital at Anandapur by her car being accompanied and assisted by her two sons and on reaching the Hospital the complainant was carried to her allotted bed in a Multi-bed Room and her sons completed the admission formalities. The complainant was not bed ridden on the date of her admission but she had numbness in her limbs and had difficulty in her working. The complainant was admitted at Fortis Hospital on 17-06-2016 at 11.30 a.m. for Spinal Cord Decompression surgery under Dr. Amitava Chanda and it was fixed to take place on 18-06-2016. Immediately upon hospitalization, a CT Scan was done on the lower vertebrae of the complainant and upon seeing the said CT Scan report Dr. Chanda was of opinion that vertebroplasty as well as implant was out of question and accordingly the projected cost of entire process came down to Rs. 1,60,000/- (Rupees one lakh sixty thousand) from Rs. 2,45,000/- (Rupees two lakh forty five thousand). That apart as the complainant was short of hearing  and was supported by hearing-aid but the hearing-aid of the complainant was removed by attendants of the Hospital for the purpose of operation upon the complainant. In the evening of 17-06-2016 the nurses of the Hospital asked the complainant to take bath on her own and the complainant had no option but to use the toilet of the bathroom by herself as no help was available despite her request that she needed assistance for using the bathroom, but the complainant was neither offered bed-pan nor urinal nor sponge bath by the attendants/nurses on 17-06-2016. On the following day the complainant had fallen in the bathroom at the Hospital while having to take a bath of her own resulting fracture in her right femur. In the morning of 18-06-2016 i.e. the scheduled day for the Spinal Cord Decompression surgery, the complainant was again asked to take a bath on her own in the bathroom of Fortis Hospital, Anandapur bythe attendants/nurses. The complainant informed the nurses about her existing symptoms like difficulty in maintaining standing posture, loss of balance, numbness in the legs and expressed her apprehensions of going to the bathroom alone. Despite such request, the attendants/nurses insisted the complainant to take bath on her own in the bathroom without any assistance and the complainant was constrained to go to the bathroom without any assistance. The complainant found a bucket of water for her use in the bathroom and on seeing this the complainant told the nurses that it was not possible for her to bend forward repeatedly to collect water from the bucket with a mug. The nurses thereafter provided her a plastic tool but it was not sufficient for her comfortably using the bucket for bathing which ultimately resulted that she fell down and suffered a fracture in her right femur. The complainant repeatedly shouted for assistance in the bathroom and using the lavatory but the Hospital Authority did not provide proper assistance by deputing nurses/attendants. The complainant expected minimum level of care and caution in the aforesaid condition for which she had been admitted to the Hospital but she was not provided for which the patient was offered a partial rebate of Rs. 65,000/- (Rupees sixty five thousand) but payment of the rest amount of Rs. 2,55,037/- (Rupees two lakh fifty five thousand thirty seven) as condition precedent for her release from the Hospital and the excess amount of Rs. 95,037/- (Rupees ninety five thousand thirty seven) had to be borne by the complainant. The complainant alleged that she had been harassed beyond all reasonable means due to gross negligence on the part of the OPs and for no fault of her own but hospital authority claimed a sum of Rs. 86,100/- (Rupees eighty six thousand one hundred) on account of aayas and physiotherapist deputed for her treatment, Rs. 1,25,000/- (Rupees one lakh twenty five thousand) for her loss of earning, Rs. 2,50,000/- (Rupees two lakh fifty thousand) for mental agony, Rs. 20,000/- (Rupees twenty thousand) towards medicines and equipments and Rs. 95,037/- (Rupees ninety five thousand thirty seven) paid in excess for additional stay at Fortis Hospital, Anandapur and other consequential expenses.

       The written version was filed by the OPs no. 3 to 6 where they denied and disputed the allegations brought by the complainant against the doctors and the Hospital and further denying negligence and deficiency in service and the contesting OPs ultimately prayed for dismissal of the complaint case.

       Upon hearing the parties and on the basis of the materials on record Ld. Trial Forum allowed the complaint case in part on contest and directed the OPs to pay a sum of Rs. 50,000/- (Rupees fifty thousand) towards excess expenditure for the treatment along with litigation cost of Rs. 2,000/- (Rupees two thousand) to be paid with 30 days from the date of the order with default clause, as pointed out earlier.

       Now the point for consideration is – whether the erstwhile Ld. DCDRF was justified in dealing with the allegation of the complainant and directing the OPs to pay a sum of Rs. 52,000/- (Rupees fifty two thousand) in total.

       The appeal was filed by the complainant for enhancement of the compensation which was not contested by the OPs and left this appeal to be heard exparte against them.

       This is a simple a case of ‘deficiency in service’, as the nature of allegation by the complainant and the counter statement given by the OPs in their written version which came to light before this Commission. It should not be forgotten that the patient was an old lady of 66/67 years, suffering from spinal cord compression with the syntoms including numbness and weakness in the legs, loss of balance and inability to stand continuously. Such a patient should be dealt with carefully and cautiously by the Hospital Authority but in the instant case there was specific allegation that she was not given proper care even after her hospitalization at the OP no. 3, Fortis Hospital, Anandapur. A bill showing payment of Rs. 2,55,037/- (Rupees two lakh fifty five thousand thirty seven) out of total expenditure of Rs. 3,20,037/- (Rupees three lakh twenty thousand thirty seven) and a sum of Rs. 65,000/- (Rupees sixty five thousand) was shown as general discount. But the treatment of the attendants and nurses at the Hospital, as stated in the petition of complaint, was a horrible experience witnessed by the patient who herself is a doctor by profession. If a doctor is dealt with in such a manner, what about the other patients/ordinary people who claimed to be treated at the said Hospital with similar difficulties. Ld. DCDRF categorically dealt with all the issues carefully and came to the conclusion that the prayer of the complainant should be dealt with favourably and taking into consideration the entire facts and circumstances of the case, I am of the view that the erstwhile DCDRF did not commit any mistake in holding that the complaint deserves reliefs but the amount awarded in her favour should be enhanced to the tune of Rs. 1,00,000/- (Rupees one lakh) (consolidated) and in my view such order would meet the ends of justice. Hence, the appeal stands allowed in part exparte and the judgment and findings of Ld. DCDRF stand affirmed but the amount of compensation is modified and enhanced to Rs. 1,00,000/- (Rupees one lakh) (consolidated), instead of Rs. 52,000/- (Rupees fifty two thousand) to be paid by the OP no. 3 to the complainant within 30 days from the date of the order failing which the complainant/appellant should be at liberty to get the amount recovered through execution process.  All other directions given in the impugned judgment are set aside.