In the Court of the
Consumer Disputes Redressal Forum, Unit -I, Kolkata,
8B, Nelie Sengupta Sarani, 4th Floor, Kolkata-700087.
CDF/Unit-I/Case No.185 / 2012.
1) Smt. Kamala Mitra,
2, Jodhpur Park, P.S. Lake, Kolkata-68. ---------- Complainant
---Versus---
1) Sri Aurobindo Seva Kendra,
1H, Gariahat Road (South), Jodhpur Park, P.S. Lake, Kolkata-68. ---------- Opposite Party
Present : Sri Sankar Nath Das, President.
Dr. Subir Kumar Chaudhuri, Member.
Order No. 11 Dated 19-03-2013.
The case of the complainant in short is that complainant is a senior citizen of 81 years. In the month of July 2008 she was suffering from acute acidity with fever, vomiting, constipation etc. and she was advised by her house physician Dr. Sanjit Dutta to admit in a hospital or a nursing home for better treatment. As per doctor’s advised she admitted to o.p. i.e. hospital for her treatment under the super vision of Dr. Anshuman Mukherjee on 13.7.08.
On 13.7.08 at the time of admission of the complainant she was taken to ICCU and kept under ventilation for continuous for 8 days. It is pertinent to mention here that the complainant was treated by the doctors of o.p. i.e. hospital for 12 days and she was kept in ICCU for 9 days viz. 13.7.08 to 25.7.08.
Complainant states that within the period of stay in the said hospital she sustained an injury at her right hand upper joint and the orthopedic doctors of o.p. hospital attended her since 16.7.08 till her release. Within such a short span of time i.e. 12 days in the said hospital for the treatment of the complainant, she incurred total cost to the tune of Rs.1,14,576/-.
After passing 12 days on 25.7.08 o.p. hospital issued a discharge certificate to the complainant but o.p. intentionally remain silent about dislocation of her right hand upper joint which took place while she was in the custody and care of o.p. hospital.
Complainant was admitted under supervision of Dr. Anshuman Mukherjee. Subsequently plenty of doctors in different streams were called for to provide treatment to the complainant without the knowledge and consent of the complainant and/or her family members including orthopedic surgeon Dr. T. Bhattacharjee on several occasions. The o.p. hospital done the x-ray of the throat of the complainant on 16.7.08 which showed fracture in upper joint of right hand.
After discharge from the hospital the complainant faced severe physical pains and sufferings for the aforesaid dislocation of her right hand upper joint shoulder till today. For the said acts of o.p., the complainant and her family members suffered from severe mental agony, pain and trauma which could have been avoided if the o.p. and its concerned doctors and supporting staff could have rendered proper care and medical services and assistance as required and/or excepted from them. Hence the case was filed by the complainant with the prayer contained in the petition of complaint.
O.p. did not contest this case by filing w/v and matter was heard ex parte against the o.p.
Decision with reasons:
