Delhi

North East

CC/265/2017

Lal Bahadur Pandey Advocate - Complainant(s)

Versus

M/s Jeewan Jyoti Clinic and Hospital - Opp.Party(s)

08 Feb 2024

ORDER

DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION: NORTH-EAST

GOVT. OF NCT OF DELHI

D.C. OFFICE COMPLEX, BUNKAR VIHAR, NAND NAGRI, DELHI-93

 

Complaint Case No. 265/17

 

		Shri Lal Bahadur Pandey, Advocate S/o Shri R.K Pandey, R/o C-1/763, Street No. 27, Harsh Vihar, Delhi 110093 Also At: M-35, Sunder Nagri, Nand Nagri, Delhi 110093		Complainant
		Versus
	1.             2.	M/s Jeevan Jyoti Clinic and Hospital Through its Medical Superintendent/ Proprietor/Head Namely Dr. Rajeev Lochan, G.T.B Chowk, Dilshad Garden Delhi 110095   M/s United India Insurance Company Ltd., MO Office- 44/2, Church Road, Bhogal, Near Lajpat Nagar, South Delhi Delhi 110014		Opposite Parties
			DATE OF INSTITUTION:      JUDGMENT RESERVED ON:                        DATE OF ORDER:		17.08.2017 21.12.2023 08.02.2024

 

CORAM:

Surinder Kumar Sharma, President

Anil Kumar Bamba, Member

Adarsh Nain, Member

ORDER

Surinder Kumar Sharma, President

The Complainant filed the present complaint under Section 12 of the Consumer Protection Act, 1986.

Case of the Complainant

1. The case of the Complainant as revealed from the record is that on 08.02.2017, Complainant was suffering from pain in his right arm as well as right side of neck and in an emergency Complainant visited the Opposite Partyhospital and Complainant was admitted in the private room of Opposite Party hospital at about 07:45 p.m. After that Dr. Rajiv Lochan along with his son who is doctor deliberately told the Complainant that the process of treatment and several check-ups with intent to collect the money by taking unnecessary steps. It is his case that the Opposite Party applied and gave him several high potency medicines daily and Complainant became unable to take even a loaf of bread in the name of eating and drinking. Complainant spent more than Rs. 1,17,182/- approx in the treatment. It is his case that he began to suffer from deterioration of his health on account of several other defects of his organs. Complainant stated that when Opposite Party noticed that the Complainant was about to die then Opposite Party discharged the Complainant on 16.02.2017. After that Opposite Party drove away the Complainant by referring the matter to Govind Ballabh Pant Hospital, New Delhi, however, the medical problem was not related to the Govind Ballabh Pant Hospital. The said Govind Ballabh Pant Hospital refused to give treatment to the Complainant.The Complainant was taken to Guru Teg Bahadur Hospital on the same day i.e. on 16.02.2017 and he remained admitted here till 22.02.2017.The case of the Complainant is that the Opposite Party hospital with malafide,intentionally anddeliberately kept on misusing the sanctity and pious medical profession only with intension to extortthe money from the Complainant and thereby there was a deficiency in providing the proper and appropriate service. Complainant has prayed for Rs. 1,17,182/- i.e. expenditure incurred during the admission in the hospital of Opposite Party. Complainant also prayed for Rs. 2,00,000/- on account of mental harassment and Rs. 10,000/- on account of litigation expenses.

Case of the Opposite Party No. 1

2. The Opposite Party No. 1 contested the case and filed its written statement. It is stated that the complaint filed by the Complainant is false and the same has been filed only to extort the money from the Opposite Party. It is stated that there was no medical negligence or deficiency in service. It is admitted that the Complainant was admitted in its hospital on 08.02.2017 with the complaint of high grade fever for the last 20 days, pain in the right arm and right side of neck etc. At the time of admission, the Complainant was diagnosed with PUO. On account of fever for the last 20 days the Complainant was initially put on empirical antibiotic therapy. Only the tests which were necessary to ascertain the cause of fever and to access the functioning of the vital organs were got conducted. There was problem in the liver of the Complainant and his chest x-ray showed the chest infection. The CECT report dated 09.02.2017 suggested pulmonary TB. On 16.02.2017, the Complainant requested to be transferred and on his request he was referred to GovindBallabh Pant Hospital on the same day. The allegations in the complaint have been denied and it is prayed that complaint may be dismissed.

Case of the Opposite Party No. 2

3. The Opposite Party No. 2 contested the case and filed its written statement. It is stated that the Complainant has not prayed for any relief against it. It is stated that the alleged negligence of Opposite Party No. 1 is not covered the insurance policy and thus the Opposite Party No. 2 has nothing to do with the negligence, if any, committed by Opposite Party No. 1. It is prayed that the complaint may be dismissed.

Rejoinder to the written statement of Opposite Parties

4. The Complainant filed separate rejoinders to the written statements of Opposite Parties wherein the Complainant has denied the pleas raised by the Opposite Parties and has reiterated the assertions made in the complaint.

Evidence of the Complainant

5. The Complainant in support of his complaint filed his evidence by way of affidavit wherein he has supported the averments made in the complaint.

 

 

Evidence of the Opposite Party No. 1

6. In order to prove its case, Opposite Party No. 1 has filed affidavit of Dr. Rajiv Lochan, wherein the averments made in the written statement of Opposite Party No. 1 have been supported.

Evidence of the Opposite Party No. 2

7. In order to prove its case, Opposite Party No. 2 has filed affidavit of Sh. Jitender Singh, wherein the averments made in the written statement of Opposite Party No. 2 have been supported.

Arguments & Conclusion

8. We have heard the Complainant in person and Ld. Counsel for the Opposite Parties. We have also perused the file and the written arguments filed by the parties. The case of the Complainant is thaton 08.02.2017, he was admitted in the hospital of Opposite Party No. 1 as he was suffering from pain in his right arm as well as in theright side of his neck. It is his case that the Opposite Party No. 1 and its doctors started giving him treatment which was not required for his illness. His case is that the treatment was prolonged in order to extract money from him. It is his case that some medical tests which was not required were also got conducted and he was administered high potency dosages of medicines. On 16.02.2017, his condition was deteriorated and he was referred to Govind Ballabh Pant Hospitalwhere he was not admitted and on the same day he got himself admitted in Guru Teg Bahadur hospital. It is his case that there was negligence in treatment and also deficiency of service on the part of the doctors of Opposite Party No. 1. It is his case that an unnecessary expenditure of more than Rs. 1,17,182/- had to be incurred by him due to the negligence of the doctors of Opposite Party No. 1. On the other hand, the case of the Opposite Party No. 1 is that the Complainant was suffering from fever from the last 20 days and only the medical tests which were required to ascertain the cause of illness were got conducted. It is the case of Opposite Party No. 1 that the Complainant was diagnosed for pulmonary TB and some problem in liver as well.
9. The Complainant has also filed discharge summary of Guru Teg Bahadur Hospital. As per the said discharge summary, the Complainant was diagnosed for Liver Abscess and Pulmonary Tuberculosis. The same was diagnosed by the doctors of Opposite Party No. 1. The Complainant has not led any evidence to show that the medical tests which was not required were also got conducted by Opposite Party No. 1. The Complainant has not led any evidence to show that the treatment given by the doctors of Opposite Party No. 1 was not proper. The Complainant has not led any evidence to show that there was medical negligence or deficiency of service on the part of Opposite Party No. 1. Therefore, we do not see any merit in the complaint and the same is dismissed.

 

10. Order announced on 08.02.2024.

 

Copy of this order be given to the parties free of cost.

 

File be consigned to Record Room.

 

(Anil Kumar Bamba)          Member

(Adarsh Nain) Member

(Surinder Kumar Sharma) President