Chandigarh

StateCommission

A/35/2020

Rajiv Sharma - Complainant(s)

Versus

The Director, Post Graduate Institute of Medical Education and Research - Opp.Party(s)

Suresh Kumar Adv.

13 Jun 2022

ORDER

STATE CONSUMER DISPUTES REDRESSAL COMMISSION,

UNION TERRITORY, CHANDIGARH

 

Appeal No.	35 of 2020
Date of Institution	04.02.2020
Date of Decision	13.06.2022

 

Rajiv Sharma r/o 1723, Mauli Jagran, Chandigarh

           …..Appellant/Complainant

 

Versus

1. The Director, Post Graduate Institute of Medical Education and Research, Chandigarh.
2. Dr. A.K. Mandal, HOD, Urology Department, PGI, Chandigarh.    

                              …..Respondents/Opposite Parties

 

BEFORE:  JUSTICE RAJ SHEKHAR ATTRI, PRESIDENT

                MRS. PADMA PANDEY, MEMBER

                MR. RAJESH K. ARYA, MEMBER

 

Argued by:   Sh. Suresh Kumar, Advocate for the Appellant (on V.C.).

                   Sh. Kuldeep, Advocate proxy for Ms. Niharika Goel, Advocate for the respondents.

                   

PER PADMA PANDEY, MEMBER

              This appeal is directed against an order dated 15.10.2019, rendered by District Consumer Disputes Redressal Forum-I, UT, Chandigarh, now District Consumer Disputes Redressal Commission-I (hereinafter to be called as the District Commission only), vide which, it dismissed the complaint, filed by the complainant (now appellant)

2. In brief, the facts of the case are that the deceased Sh. Raj Sharma, son of the complainant, was under the treatment of Opposite Parties since 03.05.2011 for management of renal stones in his right kidney. It was stated that the genesis is deceased, Sh. Raj Sharma was suffering from Atlanto axial dislocation and due to this complication he was bed ridden for several years and was also taking treatment from neurosurgery department for his neurological complications and for urology problem he was referred to Opposite Party No.2.  It was further stated that investigation for removal of stones in kidney was done in December 2011, but, the stones did not clear completely even after extra shock wave lithotripsy treatment.  It was further stated that the OPD doctor had advised for removal of kidney stone and referred to Opposite Party No.2 and Opposite Party No.2 did not perform the surgery as the patient was at poor risk for surgery and was unable to face anesthesia. It was further stated that the severe infections developed and he was also referred to AIIMS, New Delhi and they had advised not a fit case for surgery in view of the attending complications of disease of Atlanto axial dislocation.  It was further stated that on 11.09.2017, complainant’s son had died due to negligence of Opposite Party No.2 as he did not perform the surgery.  It was further stated that the aforesaid act of the Opposite Parties, amounted to deficiency in service and unfair trade practice. When the grievance of the complainant, was not redressed, left with no alternative, a complaint was filed.
3.  The Opposite Parties filed their reply and stated that the son of the complainant i.e. late Sh. Raj Sharma besides stones in kidney was also suffering from paralysis of the whole body below the neck including both upper and lower limbs.  It was further stated that in these circumstances, he was unable to bear anesthesia required for the open surgery of the kidney stone as his system was so weak, had the surgery been done, it could have led to collapse of lungs and pneumonia and this could have been life threatening. It was further stated that the complainant was asked to keep the child under close follow up and consider surgery when he develops significant symptoms due to these residual renal stones and infective complications.  It was further stated that there is no medical negligence on their part, and the Opposite Parties had prayed for dismissal of the complaint.
4. The Parties led evidence, in support of their case.
5. After hearing the Counsel for the Parties, and, on going through the evidence, and record of the case, the District Commission, dismissed the complaint. 
6. Feeling aggrieved, the instant appeal, has been filed by the appellant/complainant, for setting aside the impugned order dated 15.10.2019 passed by the learned District Commission.
7. We have heard the Counsel for Parties, and have gone through the evidence, and record of the case, carefully.
8. After giving our thoughtful consideration and the evidence, on record, we are of the considered opinion, that the appeal is liable to be dismissed for the reasons to be recorded hereinafter.
9. The record of the District Commission shows that the renal stone in the right kidney of deceased Sh. Raj Sharma, son of the complainant was suffering from problems like Atlanto Axial Dislocation, which has led to paralysis and confined to bed, due to which open surgery for removal of kidney stone was not advised. Even the expert doctor Sh. S.S. Kale of AIIMS, New Delhi opined that it was not fit case for removal of kidney stone, because he was paralysed and weak physical system. It is no doubt that loss of child to a parent in the prime of his life is very tragedy, but the experts of respondents as well as AIIMS, New Delhi that in the given condition of the appellant’s son open surgery could not be conducted due to foregoing reasons. Therefore, we find that there is nothing deficient on the part of the respondents and therefore, the appeal stands dismissed.
10. For the reasons recorded above, the appeal, being devoid of merit, must fail, and the same is dismissed, with no order as to costs. The order of the District Commission is upheld.
11. Certified copies of this order, be sent to the parties, free of charge.
12. The file be consigned to Record Room, after completion.

 

Pronounced.

13.06.2022

                    

                                                                         Sd/-        

                         [JUSTICE RAJ SHEKHAR ATTRI]

PRESIDENT

                                          

 

                                                                             Sd/-

                                                                        [PADMA PANDEY]

MEMBER

                                                                          

 

                                                                                     Sd/-

                                                                       [RAJESH K. ARYA]

MEMBER

GP