| Final Order / Judgement | DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION PATIALA. Consumer Complaint No. 5 of 3.1.2018 Decided on: 19.1.2021 Anil Kumar aged about 35 years son of Sh.Ram Chand, resident of House No.B-28/524, Chhaparbanda, Patiala. …………...Complainant Versus - State of Punjab through its Secretary depart of Health and Welfare Punjab, Chandigarh.
- Director Health and Family Welfare Department Punjab, Chandigarh.
- Chief Medical Officer, Patiala.
- Senior Medical Officer, CHC (Community Health Centre), Dispensary, Tripuri, Patiala.
- Medical officer, CHC (Community Health Centre), Dispensary, Arya Samaj, Patiala.
…………Opposite Parties Complaint under Section 12 of the Consumer Protection Act, 1986. QUORUM Sh. Jasjit Singh Bhinder, President Sh.Vinod Kumar Gulati, Member ARGUED BY Smt.R.K.Nagpal, counsel for complainant. Opposite Parties ex-parte. ORDER JASJIT SINGH BHINDER,PRESIDENT - This is the complaint filed by Anil Kumar (hereinafter referred to as the complainant) against State of Punjab (hereinafter referred to as the OP/s) under the Consumer Protection Act,1986(hereinafter referred to as the Act).
- Briefly the case of the complainant is that complainant having felt some health problems i.e. having pain in his body and fever went to the doctors of Mata Kaushalya Hospital, Patiala for getting medical treatment on 22.4.2017 and got prepared OPD slip bearing registration No.71324 after paying Rs.10/-.Complainant advised some tests which were got conducted by him from the lab of Hospital on 27.4.2017. Thereafter he was again advised for medical tests which were also got conducted by him from the lab.of the hospital. He was prescribed some medicines but he could not get relief.Thereafter complainant went to T.B. and chest disease hospital, Patiala where he was diagnosed having suffered from T.B. problem and was admitted on 28.6.2017 and was discharged on 7.7.2017 from the T.B. and Chest Disease Hospital, Government Medical College, Patiala.
- It is averred that at the time of discharge from the hospital, a prescription slip was issued, in which it was mentioned that patient was already on Cat-1 treatment since 9.5.2017 and the doctor concerned advised to continue treatment from RNTCP Cat-1 and the complainant was issued an identity card from the DOT Centre Arya Samaj Dispensary, Patiala under the RNTCP, Punjab and the complainant started getting medicine regularly from this centre from 9.5.2017 to 4.7.2017.
- It is further averred that after taking medical from the above said center, the condition of the complainant became very complicated and started deteriorating day by day as the Dot provider gave the medicine namely Anti-TB Schedule 1(Batch No.A401681) and Anti T-B Schedule 2(Batch No.A401688) of expiry date (Mfg. on 04/14 and Exp. On 3/17) which reacted on the body of the complainant and he again went to T.B.Hospital, Patiala where the doctor advised test from Rajindera Hospital, Patiala under the RNTCP request form for examination of biological specimen for T.B. dated 4.7.2017 and filled two forms for tests bearing Nos.7462 and 7463 dated 4.7.2017.
- It is further averred that the complainant was referred for MRI scan by the doctor concerned, which was performed on 12.7.2017 from Delta MRI and CT Scan Centre, Patiala.Thereafter, complainant was referred to Rajindera Hospital, Patiala where he got prepared OPD slip dated 13.7.2017 where the doctors stated that the condition of patient is deteriorating and referred him to Sector 32, GMC, Chandigarh to Dr.Rohit Jindal for further management.
- It is further averred that condition of the complainant became was very serious and he went to Regional Spinal Injury Centre, Hospital,Sector-70 Mohali on 17.7.2017 where his treatment was started and the doctor concerned prescribed medicines. The doctor of this hospital also advised surgery on the complainant on 14.10.2017.
- It is averred that the condition of the complainant became very complicated due to the consumption of expiry medicines supplied to him by the employees of OPs No.1to5 due to which he was unable to perform his personal functions. The news was also published in the newspaper Patiala Kesri dated 16.7.2017 and was also flashed on the T.V.
- It is further averred that the complainant filed complaint before the CMO, Patiala, Health Minister, Punjab on 14.7.2017 but till today no action has been taken against the erring persons. The complainant also filed an application dated 14.9.2017 before the Chairman and Director Punjab Health System Corporation, SAS Nagar, Mohali for grant of sanction for filing case/complaint against CMO, SMO CHC Tripuri, Patiala, Medical Officer Civil Dispensary Arya Samaj, Patiala and other employees working in the civil dispensary but no reply was received by the complainant. He also sent reminders but to no effect. There is thus deficiency in service and negligence on the part of the OPs, which caused physical pain, agony, harassment, humiliation and inconvenience to the complainant.
- It is averred that the complainant was running a barber shop in a rented accommodation and used to earn Rs.35000/- per month but due to his deteriorating condition he is unable to do work and shop is lying closed and is paying the rent of Rs.15000/-.He also hired special taxi for getting medical treatment from Patiala to Mohali for which he spent Rs.2000/- per visit and has spent Rs.20,000/-on transportation. The complainant has also to take special diet and has also hired an attendant for his car for which he has to pay Rs.700/- per day.
- On this background of the facts, the complainant has filed this complaint with the prayer to accept the same by giving directions to the OPs to pay the above said amount of compensation alongwith interest @18% per annum till payment.
- Upon notice OPs No.1to5 appeared through Dr.Gurpreet Singh, Nagra, Medical Officer cum Nodal Officer .On his request case is adjourned to 5.4.2018 for filing reply when Dr.Nitika Goyal, Medical Officer appeared and filed reply on behalf of OPs.
- In the written reply filed by OPs preliminary objections have been raised that the complaint is not maintainable; that the same is false and frivolous; that the complainant has not approached the Forum with clean hands; that the Forum has got no pecuniary jurisdiction to try and decide the present complaint as the compensation claimed by the complainant comes to more than Rs.20 lacs and the complaint is liable to be dismissed.
- On merits, On merits it is submitted that while getting treatment from Mata Kaushalya Hospital, the complainant was disclosed that he is suffering from T.B. and was asked to approach DOT Centre Arya Samaj Dispensary, Patiala for getting regular medicine. It is further submitted that medicine was provided to the complainant free of costs. It is further submitted that the medicines as alleged by the complainant were not supplied by the DOT provider, Arya Samaj Dispensary, Patiala and this fact has been fully proved in the enquiry conducted by the department in respect of the application/complaint so made by the complainant against Dr.Kiranjot Kaur and others. Furthermore the treatment card and the medicine boxes were also inspected which were found to be correct one with batch No.A601600 Exp. date 2/2019 IP (Batch No.A601599 Exp.Date 2/2019).
- It is further averred in the enquiry conducted by CMO, Patiala on the complaint filed by the complainant, the allegations were found to be false .
- It is admitted that the complainant filed an application dated 14.9.2017 before the Chairman and Director Punjab Health System Corporation Mohali for grant of sanction for filing the complaint. Since the said application was false and baseless as such no action was taken on the said application. The sending of reminder dated 7.11.2017 by the complainant is also admitted and submitted that as during enquiry conducted by the department, the allegations of the complainant were found to be false one as such no sanction was required to be given to the complainant. There is no deficiency in service and negligence on the part of the OPs. After denying all other averments, the OPs prayed for the dismissal of the complaint.
- In evidence, the complainant alongwith his counsel tendered his affidavit, Ex.CA, affidavit of Ram Chand (father of the complainant) Ex.CB alongwith documents Exs.C1 to C46 and closed the evidence.
- On the other hand, after filing written reply, none appeared on behalf of the OPs and they were proceeded against exparte vide order dated 27.2.2019.
- The complainant filed the written arguments. We have gone through the same, heard the ld. counsel for the complainant and have also gone through the record of the case, carefully.
- To prove this complaint, the complainant has tendered his affidavit,Ex.CA and has deposed as per his complaint, Ex.CB is the affidavit of Ram Chand,Ex.C1 is copy of OPD,Ex.C2 is another OPDEx.C3 is ultrasound report,Ex.C4 to CC6 medical reports, Ex.C7 discharge slip,Ex.C8 copy of identity card,Ex.C9 & Ex.C10 medicine covers,Exs.C11 &C12 copies of RNTCP forms,Ex.C13 MRI scan,Ex.C14 copy of bill,Ex.C15 copy of OPD slip,Exs.C16 &C17 copies of out patient tickets,Exs.C18 to C23 copies of medical bills,Ex.C24 copy of newspaper cutting,Ex.C25 &C26 copies of complaints to CMO and Health Minister,Exs.C27 & C28 copies of application for sanction,Ex.C29 copy of reminder of application, Exs.C30 to C32 postal receipts, Exs.C33 CD,Exs.C33 to C46 copies of rent receipts.
- On the other hand, no evidence was lead by the OPs although Dr.Gupreet Singh Nagra, has filed his written version and denied all the allegations. Strangely enough that all the OPs are Govt. employees but were not serious to rebut the evidence lead by the complainant, so it is clear that the OPs were negligent to rebut all the serious allegations put by the complainant. So when the Govt. employees are drawing handsome salary from the state they should have been serious about the case which was being against them and should have also rebut evidence lead by the complainant but they miserably failed to do so. Moreover, medical officer CHC Dispensary Tripuri Patiala and Medical Officer CHC Dispensary Arya Samaj, Patiala were negligent in rebutting the case. The Chief Medical Officer who is Administrator head has no relation in this case as CMO does not treat the patients.
- In para no.4 of the written reply filed by Dr.Gurpreet Singh Nagra, it is stated that the complainant was diagnosed having suffering from T.B. and he was asked to approach DOT Centre Arya Samaj Dispensary, Patiala for getting regular medicine and accordingly he has been getting regular medicine from Arya Samaj Dispensary, Patiala. It is further stated in the written statement that the medicine was provided free of cost and nothing was charged from the complainant. It is
further stated that no medicine which was expired was supplied to the complainant and the two alleged expiry medicines were not supplied by the Dot Provider, Arya Samaj Dispensary, Patiala. - It is further stated that on the complaint made by the complainant against doctors, enquiry was conducted. In the said enquiry Dr.Kiranjot Kaur (Medical officer) Prem Kumar Singla (Pharmacist) Renu Bala (ANM) and Manpreet Kaur (ANM) were called on 3.8.2017, 11.8.2017 and 16.9.2017 and their statements were recorded. On 16.9.2017 statement of Sweety (Ravinderpal Singh) NGO/MC was also recorded. After going through all the record, it was found that all the allegations were false and rest of allegations are denied.
- As per the affidavit of Anil Kumar, he got conducted T.B. test on 27.4.2017.OPD slips dated 22.4.2017 are Exs.C1 and C3.Again doctor advised him some medical tests which he got from Mata Kaushalya Govt. Hospital, Patiala vide Exs.C4 and C6.There is receipt Ex.C7 of Department of T.B. & Chest Disease Hospital, Patiala. It is in the name of Anil Kumar s/o Ram Chand, it is mentioned that the patient has been diagnosed with T.B. and medicines were given to him and strict bed rest was also advised to him. Now it is clear that there was no carelessness on the part of doctors as the patient was diagnosed T.B. and this ailment was never caused by any of the doctor of the OPs.
- The main dispute is whether expired medicines were given to the complainant by the doctors. The complainant exhibited strips of expired medicines Anti T. B. Schedule 1 and Anti T.B.Schedule 2 as Exs.C9 and C10.The expiry date on the same is mentioned as 3/17.
- In para No.11 of the complaint, it is stated that the condition of the complainant became very complicated due to consumption of expired medicine, which was supplied to him negligently by OPs No.1to5. It is further pleaded that there is newspaper cutting Ex.C24 in which it is written that by taking expiry medicines the kidneys of the present complainant were damaged. Admittedly the complainant filed various complaints with the senior officers. The complainant also went to Regional Spinal Injury Centre, Mohali. The out patient tickets are Exs.C16 and C17, it was written on the same that surgery is advised. Application Ex.C25 was written by the complainant to CMO against Dr.Kiranjot Kaur, who was Incharge of Arya Samaj Chowk Dispensary,Patiala. It is mentioned that Dr.Kiranjot Kaur has given him expired medicine after consumption of which his backbone was affected and when the matter came into the knowledge of Dr.Kiranjot Kaur and the staff she offered money to keep quite .Ex.C27 is application to the Director, Punjab Health System Corporation, Mohali for grant of sanction for filing complaint against Managing Director, CMO Patiala, SMO CHC Tripuri Patiala, Medical officer, Civil Dispensary Arya Samaj, Patiala and other employees working in Civil Dispensary, Arya Samaj, Patiala.
- It is admitted that Anil Kumar was diagnosed with T.B. at Patiala and he was given T.B. medicine free of cost but as per the complainant Dr.Kiranjit Kaur, Incharge of Dispensary Arya Samaj Chowk , Patiala gave him expired medicine due to which his condition deteriorated and he has to go to Chandigarh for further treatment and he was advised surgery. The complainant has attached various medical bills. Various reminder were sent by the complainant Anil Kumar to the medical officers but no action has been taken.He has also exhibited CD,Ex.C33 which was talked between doctors and the complainant. Enquiry report is on the file but it was not exhibited. In the enquiry report Dr.Kiranjit Kaur was not found guilty.
- In para No.11 of the complaint, it is written as under:
“That the condition of the complainant became very complicated due to the consumption of the expired medicines which were supplied to the complainant, negligently by the employees of the OPs No.1to5 and complainant was unable to perform his personal functions due to the reaction caused by the expired medicine given to the complainant negligently by the employees of the OPs No.1to5.” So by going through the entire case the main grievance of the complainant is that expired medicines were supplied to the complainant negligently by OPs No.1to5 as a result of which he was unable to perform his personal functions due to reaction caused by expired medicine. - Onus was on the complainant to prove that expired medicines were given to him by OPs. There is no prescription on the file which can show that on which date the expired medicines were given to the complainant. Also there is no evidence on the file that by consuming expired medicines he was unable to perform his personal functions due to reaction caused by these medicines. There is also no medical prescription on the file from which it can be gathered that complainant after taking expired medicines had became sick and he went to the hospital and he took treatment for the reaction caused by using expired medicines. All this evidence is totally missing from the file.So the complainant has miserably failed to prove that he was given expired medicines and by taking these medicines reaction was caused and he was unable to do his duties.
- As already stated above, there is no medical record on the file. Slip Ex.C7 of Govt. Medical College, Patiala is on the file in which complainant was diagnosed as T.B. patient on 28.6.2017, he was admitted in the hospital and he was discharged on 7.7.2017.So it is clear that the complainant was a T.B. patient. T.B. was not caused by taking medicines prescribed by the doctors. The identity card of the complainant is Ex.C8 on the file and he was given free medicines by the State Govt. The complainant went to Regional Spinal Injury Centre, Govt. Hospital, Sector 70, Mohali and the receipt is Ex.C16. Ex.C17 is the out patient ticket of the said hospital on the file vide which surgery was advised.
- So due to our above discussion, it is not proved on the file that the ailment of the complainant i.e. T.B. became worse due to the expired medicines supplied by OPs No.1to5. It is also not proved on the file that on which date the medicine was given to the complainant.It is also not proved that after taking these medicines the complainant was admitted in some hospital or he admitted in emergency ward or any reaction was caused to him.
- So the complainant has failed to prove that he was given expired medicines by taking of which his condition became deteriorated and reaction was caused .So there is no cogent ground to grant any compensation to him and the complaint is hereby dismissed.
ANNOUNCED DATED:19.1.2021 Y.S.Matta Jasjit Singh Bhinder Member President | |
