Delhi

East Delhi

CC/752/2015

YOGENDER SHARMA - Complainant(s)

Versus

MAHENDER LAL - Opp.Party(s)

19 Oct 2023

ORDER

DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION (EAST)

GOVT. OF NCT OF DELHI

CONVENIENT SHOPPING CENTRE, FIRST FLOOR,

SAINI ENCLAVE, DELHI – 110 092

 

C.C. No.752/2015

 

	YOGENDER SHARMA S/O SH. SHADI RAM SHARMA, R/O BRAHMAN BASTI, VILLAGE GHAROLI, DELHI – 110096	….Complainant
Versus
	Dr. Mahender Lal Narang, (Since Deceased Through his LR)   Sh. Surender Narang S/o Late Dr. Mahender Lal Narang, At Chemist shop/Narang Clinic, Main Bazar, Kondli Road, Near Gautam Public School Wali Gali, Delhi - 110096	……OP

 

Date of Institution	:	28.09.2015
Judgment Reserved on	:	05.10.2023
Judgment Passed on	:	19.10.2023

 

QUORUM:

 

Sh. S.S. Malhotra	(President)
Ms. Rashmi Bansal	(Member)
Sh. Ravi Kumar	(Member)

Judgment By: Shri S.S. Malhotra (President)

 

 

 

JUDGMENT

1. By this order the Commission shall dispose off the complaint of the complainant against OP alleging medical negligence/deficiency in service in the treatment of his daughter. 
2. Before coming to the facts of the present case it is necessary to bring on record that originally complaint was filed against Dr. M.L. Narang but he during the pendency of the proceedings he expired and his Son Sh. Surender Narang was substituted as OP and therefore the title of the complaint runs as it is mentioned in the cause title.   
3. Complainant submits that his daughter aged about 13 years fell ill on 12.01.2015 and was taken to OP, where the OP after checking her daughter prescribed that the patient is suffering with Motijara (Chechak) disease and stated that the treatment will go for about 1.25 months.  The treatment of the patient was started with OP but during the treatment her condition worsened but the complainant was assured by OP that it happens in the initial stage and then after about 15 days of the treatment, since no positive response was there in the condition of the patient then OP asked for some tests and after checking, the OP told the complainant to bring patient daily to the OP in the morning and in the evening.  Despite continuous visit and giving the prescribed medicines the condition was not improving and then on 17.02.2015 OP referred the patient to Dr. Naresh Dong (MBBS Medicine) on his letter head.  Accordingly, complainant approached the said doctor who refused the admission of the patient upon checking and stated that her condition is very bad and she needs better treatment, and also stated that if she would have come earlier then her present condition could have been better as the previous treatment provided to her is not according to her disease and the same was wrong.  The complainant was shocked as the OP made the disease of the patient (her dauthter) critical by not providing correct treatment.  Thereafter, the complainant took his daughter to Kailash Hospital on the recommendation of Dr. Naresh Dong on 17.02.2015 where the expenses of her treatment were very huge and therefore complainant got her daughter discharged from there on 20.02.2015 and admitted her in Gargi Hospital, Ghaziabad where she remained admitted till 03.03.2015 but again due to huge expenses of the treatment the complainant had to get her daughter discharged from that hospital and got her admitted in T.B. Hospital, Mehrauli where it was stated by the concerned doctors that due to lack of treatment provided by the OP, the lungs of the patient have been damaged badly, and needs surgery.  On 04.05.2015 the complainant got her daughter discharged from the said hospital also as the doctors concerned stated that the treatment of the patient will continue for about two years and it would be better for the complainant to get her medically examined at the nearest hospital of the residence of the complainant and then the complainant got the treatment of his daughter in one hospital situated near to his house.  Complainant submits that presently the condition of his daughter is very critical and she is on death bed and same is due to sole negligence of OP as he came to know now that the OP was not a qualified doctor and running his shop without having proper licenses and is playing with the life of the innocent people.  Complainant sent a legal notice dated 13.05.2015 to OP through registered post which was duly served upon OP but OP did not comply with the legal notice of the complainant. Complainant further submits that he is a poor person and suffered from the conduct of OP, mentally, physically, socially and financially and because of the negligence on the part of the OP, the patient was not cured and he has also suffered in his business and suffered a great financial loss for which OP is liable to pay a compensation to the tune of Rs.19,50,000/- as OP being deficient in service and had followed Unfair Trade Practice towards the complainant by giving wrong treatment towards his daughter and made her condition worse because of which the complainant have to spent a huge amount on the treatment of his daughter. 
4. Upon Notice OP failed to appear and therefore was proceeded Ex-parte vide order dated 13.02.2017. During the pendency of the complaint the OP had expired and complainant has filed application to bring their LRs on record. 
5. Counsel for OP appeared on 22.04.2022, 14.11.2022 and 25.04.2023 but thereafter he stopped appearing in the Commission.  Vide order dated 09.05.2023 the Son of OP was ordered to be substituted party and matter was fixed for CE and Arguments. 
6. Complainant has filed his evidence and filed the following documents:- Photographs of Complainant’s daughter Ex. CW- 1/1 (Colly), list of treatment expenses is Ex. CW-1/2 (Colly), Certificate issued by respondent dated 19/01/2015 is Ex. CW-1/3 (Colly), letter head of Dr. Naresh Dang is Ex. CW-1/4, Documents of treatment and medicine of Kailash Hospital are Ex. CW-1/5 (Colly), Documents of treatment and medicine of Gargi Hospital are Ex. CW-1/6 (Colly), Documents of treatment and medicine of Rajan Babu Institute, GTB Nagar, Delhi are Ex. CW-1/7 (Colly)., Documents of treatment and medicine of Lok Nayak Hospital are Ex. CW-1/8 (Colly)., All the reports of Path Labs are Ex. CW-1/9 (Colly), Legal notice dated 13/05/2015 is Ex. CW-1/10, Postal receipts are Ex. CW-1/11 & CW- 1/12. Complaint dated 13/05/2015 is Ex. CW- 1/13.  Voter I. Card of deponent is Ex. CW-1/14. Medical opinion is Ex. CW-1/15 (Colly).   
7. The Commission has heard the arguments and perused the record. 
8. The complainant has leveled the allegation of medical negligence on the part of the treating doctor i.e. OP and since it was case pertaining to medical negligence the Ld. Predecessor after having received the complaint sought an opinion of the expert and as such referred the matter to MS, GTB Hospital vide letter dated 18.11.2015 where from the report was received through Dr. R.K. Nagar, Additional MS and Staff Physician in the Hospital to this Commission vide letter dated 01.03.2017 and the effective part of the report is as follows:

The complaint with the provided Annexure has been received.  The complaint has bee made against Dr. Mahender Lal Narang.  No papers/prescription slip or response from his side has been attached during the period for which patient Shilpi Sharma was under treatment.  Only one medical certificate issued by Dr. Manohar Lal Narang(Page 26) dated 19.01.2015 and one letter head mentioning the name of Dr. Naresh Dang (Page No. 28) is provided.  Also prescription slip from Dr. Naresh Dang is not available, only one referred slip (Page 29) has been attached with.  To reach to any conclusion regarding nature of treatment and appropriate treatment the detailed prescription from above said doctor or their response may kindly be provided.

Regarding Dr. Mahender Lal Narang being not a qualified doctor (...........Not legible..........) has been received in this Commission.

The copy of the same was given to the complainant thereafter and matter was pending from time to time but no further response or documents were filed by complainant, so that the same be forwarded to the MS GTB Hospital for further opinion.  The fact remains that no further document was ever provided by the complainant either to the Commission or to the Hospital.  The allegation against the OP is w.r.t. not giving proper treatment to his daughter.  What treatment was given and what treatment was to be given has not come on record, for no document has been placed on record.  The complainant has filed so many detailed documents from other hospitals where he has got the treatment of his daughter but they are not much relevant as there is no allegation w.r.t. treatment of her daughter against other hospitals.  The fact therefore remains that, the medical negligence is being claimed against OP is not supported with any document / prescription slip or medicine and in absence of that the opinion as sought from the expert also could not be received in this commission.  The basic ingredient w.r.t. holding a person negligent or deficient in providing services particularly w.r.t. the profession of a doctor is that the complainant has to prove as to what the doctor has done which he should not have done or what the doctor has not done which the doctor was required to do.  Therefore, apart from bald allegation there is nothing on record to reach any conclusion.  Keeping in view these facts and circumstances the Commission is of the opinion that complainant has not been able to prove any medical negligence/ or deficiency on the part of OP.  Therefore, the present complaint is liable to be dismissed and the same is dismissed.      

This order be complied with within 30 days from the date of receipt of the order.

Copy of the order be supplied/sent to the parties free of cost as per rules.

File be consigned to Record Room. 

Announced on 19.10.2023.