Date of filing:30.11.2022

      Date of Disposal:14.08.2023

BEFORE THE KARNATAKA STATE CONSUMR DISPUTES REDRESSAL COMMISSION, BENGALURU (PRINCIPAL BENCH)

DATED: 14^th Day of August 2023

PRESENT

HON’BLE Mr. JUSTICE HULUVADI G. RAMESH: PRESIDENT

Mr K. B. SANGANNANAVAR: JUDICIAL MEMBER

Mrs DIVYASHREE M: LADY MEMBER

APPEAL NO.2339/2022

O R D E R

BY HON’BLE Mr. JUSTICE HULUVADI G RAMESH : PRESIDENT

1. This Appeal filed by OP1 under Section 41 of Consumer Protection Act, 2019, aggrieved by the order dated 07.07.2022, passed in CC/930/2020 by II Additional District Consumer Disputes Redressal Commission, Bengaluru (herein after referred as District Commission and the parties arrayed as in the consumer complaint)

2. Commission examined grounds of appeal, impugned order, appeal papers and heard learned counsels.

3. The brief facts of the case of the Complainant are stated below:

     On 26.09.2020 at about 7:15 pm Complainant had been to OP2 D.G. Hospital, Padmanabhanagar, Bengaluru with complaint of urine burning sensation and giddiness.  Complainant alleged that OP2 hospital management put him on casualty bed and made to wait for 03 hrs without diagnosing his health condition. As per the instruction of Hospital staff, he was awaiting for the arrival of OP1 Dr.Sumanth who is working as a physician at OP2 Hospital.  Thereafter, he got admitted to the said hospital on payment of Rs.30,000/-.  He was prescribed with medicines worth Rs.4,709/-.  Complainant further alleged that on 27.09.2020 OP1 Dr.Sumanth met him for a minute and not took efforts to discuss with him about his health condition. Again he was prescribed with medicines worth Rs.4,060/-. Complainant tried to contact OP1 to get clarified on his health condition but was not allowed.  On 28.09.2020 OP1 met the complainant and informed that he was infected with Covid-19.  It is alleged that without any examination or reporting the BBMP or without conducting any corona testing, with an ulterior motive OP1 had falsely claimed the he was infected with Covid-19 and was shifted to isolation ward forcefully.  He again was prescribed medicine worth Rs.16,759/- and on 29.09.2020 worth Rs.19,439/-.  Complainant further submits that OP2 Hospital was unhygienic and was not provided with basic facilities which any patient would avail during the stay at the hospital as a patient.  Out of 07 days of his stay in the hospital OP1 Dr.Sumanth had visited only 03 times and that to for a minute without explaining about the health condition. On 30.09.2020 again was prescribed medicine worth Rs.6,654/-.  On 02.10.2020 complainant was discharged from the said hospital by paying an amount of Rs.46,800/-.  It is submitted by complainant that even on the day of his discharge from the hospital burning sensation of urine still remained and on informing the same to OP1 Dr.Sumanth asked him to continue with the medication and to meet him after 04 days for a follow up. The complainant was never attended to his health condition for which he visited OP hospital but foisted a theory of infection due to Covid-19 in order to make money. Complainant had paid a sum of Rs.1,43,653/- to the said hospital.  Thus raised Consumer Complaint before the Commission below alleging that OPs have violated professional ethics by committing professional misconduct, medical negligence, deficiency of service and unfair trade practice.  Thereby sought to direct OPs to pay compensation amount of Rs.7,93,653/- along with interest at the rate of 18% from the date of cause of action to till date of realization and direct OPs to pay additional amount of Rs.20,000/- towards cost.  Upon service of notice OPs appeared through learned counsel and contested the matter.  In their version, OPs contended that complainant was looked after well and OP1 had prescribed medicines according to the health condition of the complainant and there is no deficiency of service on their part.  On the issue of Covid-19 infection of the complainant it is submitted that complainant was suffering from suggestive Covid like illness and was advised HRCT Chest since it was peak of pandemic as the complainant had symptoms of Covid like fever and cough.  Further submits that complainant was ailing with Covid like illness (moderate Covid pneumonia) as per the laboratory report.  Complainant was taken to isolation ward due to Covid-19 and as per the desire of the complainant the intimation of Covid-19 was not given to BBMP.  Thus sought for dismissal of the complaint. 
The Commission below after holding enquiry, recorded findings in favour of complainant and thereby directed OPs jointly and severally to refund a sum of Rs.1,11,853/- along with interest @ 09% p.a. from the date of complaint till realization and awarded some amount of cost and compensation.  It is this order being assailed in this appeal on the ground that Commission below has not appreciated the facts of the case properly and has passed the order erroneously, is liable to be set aside.

4. It is undisputed fact that complainant had visited OP2/Respondent No.2 hospital with a complaint of urine burning sensation and giddiness.  It is the one of the specific allegation of complainant/respondent no.1 that he was never attended to his health conditions for which he visited the OP2/Respondent no.2 hospital since even at the time of discharge he still had the same urine burning sensation.  Further complainant alleged that without any proper examination of his decease took the undue advantage of the Covid-19 pandemic situation and with an ulterior motive of making monitory gain claimed that complainant/respondent no.1 was infected with Covid-19 and was treated for the same by extracted money from him. 

5. On going through the impugned order could see that complainant in support of his case had placed 09 documents such as ID issued by D.G. Hospital, Set of 18 medical bills, Set of 13 prescription, Set of 06 lab reports, prescription dated 02.10.2020, Discharge Summary dated 02.10.2020, Prescription dated 07.10.2020, Certified Copy of Statement of Account issued by Karnataka Grameena Bank and Certified Copy of Statement of Account issued by IDBI Bank which are marked as Ex.P1 to Ex.P9 and on the other hand OPs have placed 11 documents such as Copy of the History and findings on admission, Copy of the Admit Instruction, Copy of the Admission Card, Copy of the Nurse Chart, Copy of the Progress Report and Doctors orders, Copy of the Intake and Output, Copy of the Medication Chart, Copy of Clinical Chart, Copy of the Diagnostic Report, Copy of the Department of Laboratory medicine report and Copy of the discharge summary are marked as Ex.R1 to Ex.R11.  On looking into the documents produced by complainant before the Commission below could not find any supporting documents such as consultation of another doctor for treatment of urine burning sensation and giddiness after discharging from the OP2/respondent no.2 hospital and taking any sought medicine to cure the same which proves the allegation of non-treating of OPs for the said health condition.  On the issue of Covid-19 infection, OP1/appellant herein submits that complainant/respondent no.1 had the symptoms of Covid like fever, chills, and cough. After taking blood samples and several relevant tests like Chest X-ray, HCRT Test, PT-PCR and PEPOR test and on the basis of laboratory reports and radiology report and report of pathology, had informed complainant/respondent no.1 that his nature of ailments are Covid like illness (moderate Covid pneumonia).  It was also found that the complainant was suffering from fever for more than 103 degree Fahrenheit.  Furthermore OP1/appellant herein had produced copy of HRCT THORAX report which was done in Prima Diagnostics on 27.09.2020 at about 13:26:00 hrs made an impression as thus:

HRCT features are highly suspicious for COVID pneumonitis – CO-RADS-5

CT severity score – 7 (out of a maximum 25)

Therefore, it is thus based on such reports and symptoms OP1/appellant had treated complainant/respondent no.1. When that being so, the act of doctor cannot be held as he rendered deficient in his service or committed any unfair trade practice since in the present case complainant/respondent no.1 failed to prove the negligence of a professional (doctor) by which complainant/respondent no 1 suffered profusely.  Commission below make a note of the fact that any patient infected with Covid-19 shall be informed to the Government Authorities and in the present case OPs have not registered the Covid-19 infection to the local body BBMP and the issue was kept in dark.  It is only on such remark Commission below held that there is a deficiency of service and unfair trade practice.  No doubt it is the fault on the part of OPs in not informing Covid-19 infection to the Government Authorities but this does not term that there was any sought of deficiency of service or unfair trade practice committed by OPs as held by the Commission below. Patient/complainant/respondent no.1 was hale and healthy at the time of discharge from the hospital and was recovered from Covid-19 as per the discharge summary.  It is therefore, we are of the view that, Commission below has erred in appreciating materials on record and has passed the impugned order, which in our view does call for an interference of this Commission.  Accordingly, Commission proceed to allow this appeal by setting aside the impugned order passed by Commission below dated 07.07.2022 in CC/930/2020.  Accordingly, CC/930/2020 is dismissed with no order as to costs.

6. The Amount in deposit is directed refund to appellant with proper identification by his advocate.

7. Send a copy of this Order to the District Commission and parties to the appeal.

Lady MemberJudicial MemberPresident

*GGH*