Delhi

StateCommission

CC/364/2015

SMT. ANITA - Complainant(s)

Versus

MAX SUPER SPECIALTY HOSPITAL & ANR. - Opp.Party(s)

01 Apr 2016

ORDER

IN THE STATE COMMISSION: Delhi

(Constituted under section 9 of the Consumer Protection Act, 1986)

 

Date of Argument: 01.04.2016

Date of Decision: 04.04.2016

 

Complaint Case No. 364/2015

 

        In the Matter of:

               

                Smt. Anita,

          W/o Shri Rajesh Kumar,

          R/o R/o-L, L-153/B, Sector-9

          Vijay Nagar, Ghaziabad,

          Uttar Pradesh, Pin Code-201010

 

……Complainant     Versus   1.  Max Super Specialty Hospital, Regd. Office at- 108A, Indraprastha Extension, Patparganj, Delhi-110092   2. Max Healthcare Institute Ltd. Regd. Office at- Max House. I, Dr. Jha Marg, Okhla, New Delhi-110092   3. Dr. Upwan K. Chauhan, R/o Care & Cure Urology & Stone Clinic A-34, Lajpat Nagar, Sahihabad, Ghaziabad, Uttar Pradesh                                                                          …….Opposite Parties

CORAM

  O.P. Gupta, Member (Judicial)

  S.C. Jain, Member

1.   Whether reporters of local newspaper be allowed to see the   judgment? 

2.   To be referred to the reporter or not?

 

O.P. Gupta, Member (Judicial)

1.             The facts which can be culminated from the complaint are that complainant felt severe pain in her lower abdomen, she felt the need of a thorough diagnosis with respect to her ailments and contacted Dr. Anil Raghav in February 2015. In his instructions she got ultrasound KUB Region on 16.02.2015 at Dr. Chaudhary’s Ultrasound Scan and Colour Dopler Centre, Sahibabad, Ghaziabad. She consulted OP-3 at his clinic in Sahibabad, Ghaziabad. OP-3 who’s consultant Urologist at Max Hospital instructed her to get another CT KUB done at OP-1. He spoke highly of Max Multi Specialty Hospital, Noida and advised the complainant to get admitted there. OP-3 assured her that estimated expenses would not be more than 60,000/-. Complainant got herself admitted on 17.02.2015. She was discharged on 20.02.2015 after paying Rs. 91,846.49/-. On 18.03.2015 she got Ultrasound KUB done at Dr. Chaudhary’s Ultrasound Scan and Colour Dopler, Sahibabad, Ghaziabad which suggested presence of stone in the same left kidney. She got the test repeated at Max Multi Specialty Hospital which confirms presence of stone in the same left kidney. Now, the complainant wants Rs. 21,17,000/- breakup of which is given in Para 6 of the complaint. The major portion out of the same is compensation of Rs. 15,00,000/- for mental agony.

2.             OPs have filed the written version raising preliminary objection that no cause of action is disclosed, complainant was never admitted with the OP, she only got test KUB done at respondent-1 hospital on 17.02.2015. OP-2 is separate entity.

3.             However, the counsel for the OP orally submitted that this Commission has no territorial jurisdiction, as per Para 3 of the complaint the complainant was advised to get admitted at Max Multi Specialty Hospital, Noida and as per Para 5 of the complaint, thereafter she got herself admitted in Max Multi Specialty Hospital, Noida. She remained admitted in Max Multi Specialty Hospital, Noida till 20.02.2015 and she was discharged from there.

4.             As per decision of National Commission in Arun Goel Vs. Sarfaraz Ahmad III (2014) CPJ 478A and decision of National Commission in Ram Murthi Samarak Institute of Medical Science Vs. Radhe Shyam III (2015) CPJ 151 territorial jurisdiction case of medical negligence depends on place of treatment.

5.             In view of the forgoing discussion, this Commission has no territorial jurisdiction, the complaint is dismissed.

                A copy of the order be sent to the parties free of costs.

                File be consigned to record room.

(O.P. Gupta)

Member (Judicial)

 

 

(S.C. Jain)

Member