DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION: WEST TRIPURA : AGARTALA

 

CASE   NO:   CC- 160 of  2022

 

1. Smt. Champakali Debbarma,

W/O- Lt. Pankaj Debbarma,

 

2. Miss. Anusree Debbarma,

D/O- Lt. Pankaj Debbarma

 

3. Master Tushar Debbarma,

S/O- Lt. Pankaj Debbarma. 

 

All are Residents of:-

Prabhat Chandra Roy Sarani,

Krishnanagar, P.S. West Agartala,

District- West Tripura- 799001. ...........Complainants.

 

-VERSUS-

 

1. The Operations Manager,

SKB Infracons Pvt. Ltd.,

Room No- 8/15, Mehram Nagar,

Opp. Domestic Arrival Terminal 1-B,

IGI Airport, Delhi-110010.

 

2. The Chief,

SKB Infractions Private Ltd.,

211, Ansal Bhawan,

16, K.G. Marg, New Delhi- 110001.

 

3. The Director,

Directorate General of Civil Aviation,

Arobindo Marg, Opp. Sadarganj Airport,

New Delhi- 11003, India.

 

4. Dr. Sujit Gope,

S/O- Lt. Sudhir Chandra Gope,

C/O- M/S Agartala Travels,

9.A. Mantri Bari Road,

P.S. West Agartala, 

District- West Tripura,

Pin- 799001. .......Opposite Parties.

 

    __________PRESENT__________

 

 SRI GOUTAM DEBNATH

PRESIDENT,

  DISTRICT CONSUMER  

DISPUTES REDRESSAL COMMISSION,

      WEST TRIPURA, AGARTALA. 

 

DR (SMT) BINDU PAL

MEMBER,

  DISTRICT CONSUMER 

DISPUTES REDRESSAL COMMISSION, 

  WEST TRIPURA, AGARTALA.

 

SRI SAMIR GUPTA

MEMBER,

  DISTRICT CONSUMER  DISPUTES  

REDRESSAL COMMISSION,

WEST TRIPURA,  AGARTALA. 

 

 

 

 

 

C O U N S E L

 

 

For  the  O.P. No.4 : Sri Subrata Sarkar,

 

 

 

F I N A L    O R D E R

1. Champakali Debbarma here in after called the complainant has filed this complaint alleging inter alia that her Husband Pankaj Debbarma aged 58 years was admitted in ILS Hospital, Agartala due to Post Covid  complications. His medical condition deteriorated as such the complainant after consultation with the family members and friends decided to shift Pankaj Debbarna to Apollo Glenegles Hospital, Kolkata. Consequently, Dr. Sujit Gope, the respondent No.4 was contacted who arranged Air ambulance flight of Respondent No. 1, 2 and 3 on 28.07.2021 and paid a sum of Rs.1,50,000/-  as advance to respondent No.1, 2 and 3 through Respondent No.4. But no flight arrived on 28.07.2021 and it was informed that flight was cancelled. On 29.07.2021 flight was rescheduled. But no flight arrived on that day also. Now, Respondent No.4 discussed with Respondent No.1, 2 and 3 and for that Respondent No.1, 2 and 3 demanded Rs.8,50,000/- further which was sent to them through NEFT through the Respondent No.4. On 30.07.2021 one air Ambulance was sent without proper infrastructure like ventilator machine, steture and medical expert. As such the patient was taken by pumping oxygen manually by the doctor. 

 

1.1 The complainant paid Rs.25,000/- to the Respondent No.4 as per his demand. But the patient died on 31st July, 2021 at Apollo Glenegles Hospital, Kolkata. The reason to such death was delayed transportation of the patient to Kolkata for which the Respondent are responsible. Hence, the complainant filed this complaint before this Commission claiming compensation of Rs.40,00000/- including litigation cost. 

 

2. Summons were issued upon the O.Ps but the O.P. No.1, 2 and 3 failed to appear. As such, the case has been proceeding exparte against the O.P. No. 2 & 3 vide order dated 07.02.2023 and vide order dated 03.04.2023 against the O.P. No.1. 

 

2.1 The O.P. No.4, Dr. Sujit Gope submitted written objection alleging inter alia that the allegations leveled in Para- 3 and 4 are denied. As such Respondent No.4 denied that any Air Ambulance was booked on 28.07.2021 and 29.07.2021. Hence, the O.P. No.4 evasively denied the fact  that Rs.8,50,000/- was paid to O.P. No.1, 2 and through O.P. No.4. The O.P. No.4 in Para-12  of his written objection neither admitted nor denied the contentions of Para- 5 of the complaint that the air ambulance had no proper infrastructure.

 

3. The complainant side submitted evidence on affidavit along with documents.

 

3.1 The O.P. No.4 also submitted evidence on affidavit.

 

4. At this juncture this Commission found statement of Dr. Dwaipayan Debroy sent through mail to Dr. Sujit Gope regarding shifting the patient to Kolkata by Air Ambulance. Hence, this Commission examined Dr. Debroy as Commission's Witness No.1 who on oath stated that on 30th July, 2021 he was attached with TMC as Medical Officer. Dr. Sujit Gope who provides medical assistance for shifting patient outside the state as a part of his profession solicited assistance of Dr. Debroy for shifting the patient namely Panjkaj Debbarma to Kolkata by Air Ambulance. 

 

4.1 The patient developed respiratory difficulty as post Covid symptom. The Air Ambulance had only one para Medical staff which was not at all sufficient as informed to Dr. Debroy by one Dr. Utpal of Air Ambulance company. Dr. Utpal over telephone also informed that the Air Ambulance has a Bipap machine, infusion pump, Romson company made portable ventilator. Even doctor informed that the para medical staff who was available in the Air ambulance was nothing but a 'Idiot' as he was ignorant of the facilities available on board. Dr. Debroy thought of leaving the journey but on repeated request of patient party and on humanitarian ground he attended the patient through the journey. During journey Dr. Debroy manually ventilated the patient. The Air Ambulance did not have any ventilator or Bipap machine rather, one infusion pump and some emergency drugs and a portable cardiac monitor were only available. The pilot of the Air Ambulance asked Dr. Debroy to sign a declaration form depicting that the patient would travel without ventilator otherwise the pilot would  abort the journey although the ventilator was absolutely necessary. At this juncture also on humanitarian ground and on request of the patient party Dr. Debroy signed the blank declaration form. During the journey period of 1.5 hours he had to pump the bag of the bain circuit to manually ventilate the patient although he was confused whether it was professional approach or not. Anyhow they reached Kolkata at the sufferings of the patient. After that he sent this statement through mail to Dr. Sujit Gope for the purpose of keeping record of his bad experience on 1st August, 2021. His mail address is dwaipayan182@gamil.com. 

 

4.2 Learned Counsel of the O.P. No.4 declined to cross examine and the O.P. No.1, 2  & 3 were absent as usual.

 

4.3 The patient Pankaj Debbarma ultimately died who was 58 years old. Patient party at the cost of huge expenses hired the Air Ambulance and shifted the patient to Kolkata from ILS Hospital, Agartala with the hope of his life but the air ambulance authority was highly negligent and unprofessional in their approach and perhaps for which life of Pankaj Debbarma could not be saved. 

The O.P. No.1, 2 & 3 even failed to appear before this Commission to contest the case as such they have admitted their negligence and huge deficiency in service otherwise also the complainant party have fully established the deficient service of O.P. No.1, 2 & 3 by adducing oral and documentary evidence. Dr. Debroy is a star witness in this case who narrated his painful experience in shifting the patient, Pankaj Debbarma. O.P. No.4 Dr. Sujit Gope also sent a mail dated 31.07.2021 to the other O.Ps regarding mismanagement of flight.

 

4.4 Therefore, we have no hesitation to conclude that the O.P. No.1, 2 & 3 are guilty of negligent and deficient service for which Pankaj Debbarma could not be saved. 

 

5. In the result, it is ordered that the O.P. No.1, 2 & 3 shall jointly and severally pay the sum of Rs.10 lakhs i.e., the fare of Air Ambulance charged by them with a further compensation of Rs.20 lakhs to the complainant. This amount of Rs.10 lakhs and Rs.20 lakhs respectively have to be paid within 30 days from today otherwise both the amount shall carry interest @ 7.5% P.A. till the date of actual payment.  

 

6. The case stands disposed off. 

 

7. Supply 4 copy of this Order to the Learned Counsel of the complainant, Mr. Debesh Chandra Roy who will send each copy to the O.P. No.1, 2 & 3 for compliance. Also send copy of this order to the O.P. No.4.

 

Announced.

 

 

 

SRI  GOUTAM DEBNATH

PRESIDENT,

DISTRICT CONSUMER  DISPUTES 

REDRESSAL COMMISSION,

WEST TRIPURA,  AGARTALA

 

 

 

 

DR (SMT)  BINDU  PAL

MEMBER, 

DISTRICT CONSUMER DISPUTES 

REDRESSAL COMMISSION, 

WEST TRIPURA,AGARTALA

 

SRI SAMIR  GUPTA

MEMBER,

 DISTRICT CONSUMER DISPUTES  

REDRESSAL COMMISSION,

WEST TRIPURA,AGARTALA.