Haryana

StateCommission

A/859/2015

BALJEET - Complainant(s)

Versus

INCHARGE PHC - Opp.Party(s)

S.S.SAHU

04 Nov 2015

ORDER

STATE CONSUMER DISPUTES REDRESSAL COMMISSION HARYANA, PANCHKULA

                                                 

First Appeal No  :      859 of 2015

Date of Institution:      09.10.2015

Date of Decision :       04.11.2015

 

 Baljeet Singh s/o Sh. Manphul Singh, Resident of Village Kumhariya, Tehsil and District Fatehabad.

                                      Appellant-Complainant

Versus

 

1.      Incharge, Primary Health Centre, Badopal, Tehsil and District Fatehabad.

2.      Dr. Neeti Punia, Medical Officer, General Hospital, Fatehabad.

3.      Civil Surgeon, Civil Hospital, Fatehabad.

4.      State of Haryana through District Collector, Fatehabad.

 

                                      Respondents-Opposite Parties

 

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

                             Shri B.M. Bedi, Judicial Member.

                             Shri Diwan Singh Chauhan, Member                                                                                                                                         

Present:               Shri S.S. Sahu, Advocate for appellant.

 

                                                   O R D E R

 

B.M. BEDI, JUDICIAL MEMBER

 

Baljeet Singh-Complainant is in appeal against the order dated  August 19^th, 2015, passed by District Consumer Disputes Redressal Forum, Fatehabad,   (for short ‘the District Forum’) whereby complaint filed by him was dismissed.

2.      The complainant/appellant filed complaint before the District Forum averring that his wife Sonia was pregnant. She was being checked up in Primary Health Centre, Badopal, District Fatehabad, during pregnancy. The doctors had given the expected date of delivery between May 1^st, 2014 to May 7^th, 2014.

3.      On May 1^st, 2014 Sonia suffered labour pain. The complainant informed the Sub Health Centre, Kamharia from where the complainant was advised to take his wife at General Hospital, Fatehabad for which an Ambulance was arranged by Sub Health Centre, Kamharia. At General Hospital, Fatehabad the Medical Officer checked the patient and observed that C-section (caesarean operation) was to be conducted for delivery.  The complainant did not give consent for C-section. Accordingly, the patient was referred to Medical College, Agroha.  The ambulance carried the patient to Medical College, Agroha, but the complainant shifted the patient in a private hospital at Hisar where complainant’s wife gave birth to a female child.  The complainant alleged deficiency in service and medical negligence taking plea that the opposite parties did not give his wife proper medical advice and also did not provide ambulance upto Hisar.

4.      The opposite parties contested complaint by filing reply. It was stated that the wife of the complainant was pregnant and she used to come for check up from Primary Health Centre, Badopal from the very beginning of pregnancy. As per routine check up, normal delivery was expected. On the day the patient was brought for delivery at Civil Hospital, Fatehabad, the doctors observed that C-section was required but the complainant did not give consent and for that reason the patient was referred to Medical College, Agroha with the consent of the complainant. An ambulance was also provided to the patient. The patient was brought in the ambulance at Medical College, Agroha, but the complainant shifted the patient at private hospital at Hisar where female child was born. Denying any medical negligence and deficiency in service, it was prayed that the complaint be dismissed.

5.      Having considered the facts and circumstances of the case and the evidence, there is nothing on the record to suggest that there was any kind of medical negligence and deficiency in service on the part of the opposite parties. Since the complainant did not give consent for C-section, there was no other option for the doctors but to refer the patient to a higher institute and that too with the consent of the patient/complainant. As per Government instructions issued by the health department, the ambulance was provided from General Hospital, Fatehabad to Medical College, Agroha and the same could not be provided to shift the patient to a private hospital.  Therefore, if opposite parties did not provide ambulance up to Private Hospital at Hisar, it cannot be termed as deficiency in service.

6.      The other aspect of the case is that the complainant cannot be termed as a ‘consumer’ as the patient has not complained about any deficiency.

7.      In view of the above, the order under appeal requires no interference. The appeal consequently fails and is hereby dismissed.

 

 

Announced 04.11.2015

(Diwan Singh Chauhan) Member

(B.M. Bedi) Judicial Member

(Nawab Singh) President

CL