Delhi

North East

CC/49/2023

Meenakshi - Complainant(s)

Versus

Shri Shyam Hospital & Trauma Hospital - Opp.Party(s)

14 May 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. 49/23

In the matter of:

 

		Meenakshi W/o Sh. Saurabh, R/o H.No. 3, Gali No. 2, Mukund Vihar, Karawal Nagar, North East, Delhi 110094		Complainant
		Versus
		Shri Shyam Hospital & Trauma Hospital Through its M.D/Director, At: Main Ghaziabad Road, Near Kasba Police chowki, Loni Ghaziabad, Uttar Pradesh		Opposite Party
			DATE OF INSTITUTION: JUDGMENT RESERVED ON:                   DATE OF ORDER:		28.02.2023 14.03.2024 14.05.2024

 

CORAM:

Surinder Kumar Sharma, President

Anil Kumar Bamba, Member

 

ORDER

Surinder Kumar Sharma, President

The Complainant filed the present complaint under Section 35 of the Consumer Protection Act, 2019.

Case of the Complainant

1. The case of the Complainant as revealed from the record is that she got admitted herself in the Opposite Party Hospital for delivery and after several check-ups and treatments, doctors of Opposite Party Hospital told that normal delivery was not possible and advised the Complainant and her family member for surgery. Complainant stated that the officials of the Opposite Party Hospital gave a package of Rs. 30,000/- for the surgery and the same included all the medicines and in this regard Opposite Party Hospital did not issue any slip or written receipt. Complainant stated that she and her family member agreed for surgery and on 20.12.2021, the surgery for delivery was conducted and everything was going well. Complainant stated that meanwhile she felt little sore in her abdomen but doctors of Opposite Party Hospital continuously told the husband of the Complainant to get her discharge from the hospital. Complainant stated that on 23.12.2021, Opposite Party Hospital discharged her but she felt pain in her abdomen for which she visited the Opposite Party Hospital on 30.12.2021, 23.01.2022 and 16.02.2022 for treatment but each and every time the doctors of Opposite Party Hospital did not give any satisfactory reply. Complainant stated that when the pain persisted as it was then husband of the Complainant took her to Kasana Clinic & Diagnostic where doctor saw all the reports and gave her observation  that Ditch from Stitch Line, Swelling. Complainant stated that doctor of Kasana clinic & Diagnostic had done dressing four times and gave other medicines but there was no change in the medical condition of the Complainant. Complainant stated that after that her husband took her to Ambay Hospital, Lajpat Nagar, Ghaziabad on 08.06.2022 where doctors advised for surgery and by seeing no other way, she got ready for the same and on 09.06.2022, the surgery of the Complainant was conducted by the doctors of Ambay Hospital in which approx. Rs. 1 lacs was spent. Complainant stated that due to the negligence of doctors and staff of Opposite Party Hospital she had suffered a lot of mental, physical pain and also suffered financial loss of approx. Rs. 2,00,000/-. A legal notice dated 21.11.2022 was sent to the Opposite Party but it did not give any reply. Complainant has prayed for an amount of Rs. 2,00,000/- for medical expenses. Complainant also prayed for an amount of Rs. 5,00,000/- on account of mental harassment and Rs. 20,000/- on account of litigation expenses.  
2. None has appeared on behalf of the Opposite Party to contest the case despite service of notice. Therefore, Opposite Party was proceeded against ex-parte vide order dated 12.05.2023.

Ex-Parte Evidence of the Complainant

3. The Complainant in support of her complaint filed her evidence by way of affidavit, wherein she has supported the averments made in the complaint. Arguments & Conclusion
4. We have heard the Ld. Counsel for the Complainant. We have also perused the file and the written arguments filed by the Complainant. The case of the Complainant is that she got herself admitted in the Opposite Party Hospital for the purpose of delivery. There she was advised for surgery. The Opposite Party Hospital charged Rs. 30,000/ for the surgery and the said charges also included the medicine expenses. Her case is that the surgery was performed on 20.12.2021. She was discharged from the hospital on 23.12.2021.
   After her discharge from the hospital the Complainant was having continuous pain in her abdomen and she visited the Opposite Party Hospital on 30.12.2021, 23.01.2022 and 16.02.2022 for medical treatment. The case of the Complainant is that even then she did not get any relief. Thereafter, the husband of the Complainant took her to Kasana Clinic and Diagnostic and there Dr. Neeta Kasana examined her and observed “Ditch from Stitch Line -Swelling”. She visited four times in the said hospital for dressing and medication. However, her condition did not approve. Then she went to Ambay Hospital, Lajpat Nagar, Sahibabad, Ghaziabad on 08.06.2020 where she was examined and advised for surgery. On her surgery at the Ambay Hospital an amount of Rs. 1 lac was spent. The case of the Complainant is that there was medical negligence on the part of the Opposite Party Hospital while conducting her surgery for the purpose of delivery. The perusal of the complaint shows that this was so indicated to her by the doctors of Kasana Hospital. The perusal of the file shows that the Complainant has not alleged any document of Kasana Hospital wherein it was so indicated. However one photocopy of cash memo of Kasana Medical store has been alleged from where the Complainant has purchased some medicine for Rs. 490/-.  Neither any documents showing any negligence on the part of the Opposite Party Hospital has been filed from any doctor nor from the doctor of Ambay Hospital where the Complainant was operated. The Complainant has to prove the medical negligence on the part of the Opposite Party Hospital. However, in the present case there is no such document to show any negligence on the part of Opposite Party Hospital.
5. In view of above, we are of the considered opinion that there is no deficiency on the part of Opposite Party. Hence, the complaint is dismissed.
6. Order announced on 14.05.24.

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

File be consigned to Record Room.

 

(Anil Kumar Bamba)           Member

(Surinder Kumar Sharma) President