Haryana

StateCommission

RP/9/2018

PIYUSH AND ANOTHER - Complainant(s)

Versus

VARUN CLINIC AND OTHERS - Opp.Party(s)

RAGHAV SHARMA

25 May 2018

ORDER

STATE CONSUMER DISPUTES REDRESSAL COMMISSION HARYANA, PANCHKULA

         

                                       

Revision Petition No. 09 of 2018

Date of Institution:     29.01.2018

Date of Decision:       25.05.2018

 

1.      Piyush aged about 7 years (minor) son of Sh. Rinku

2.      Lattika aged about 3 years (minor) daughter of Sh. Rinku, adopted daughter of Dhuli Chand son of Sh. Jaman Lal.

 

          Both residents of Sadar Bazar, Karnal, now residents of Gandhi Nagar, Kurukshetra, through their grand maternal father Sh. Dhuli Chand son of Sh. Jaman Lal, resident of Gandhi Nagar, Kurukshetra, being guardian and next friend.

Petitioners-Complainants

 

Versus

 

1.      Varun Clinic, near Patta Sahab Gurudwara, Jhansa Road, Kurukshetra through its proprietor/owner Dr. Uma Gaur.

 

2.      Dr. Uma Gaur, Varun Clinic, near Patta Sahab Gurudwara, Jhansa Road, Kurukshetra.

Respondents-Opposite Parties No.1 & 2

 

3.      Rinku son of Ram Sarup resident of Sadar Bazar, Kurukshetra.

Performa Respondent

4.      United India Insurance Company Limited, Railway Road, Kurukshetra, through its Branch Manager.

Respondent-opposite party No.4

 

 

CORAM:   Hon’ble Mr. Justice Nawab Singh, President.

                   Shri Balbir Singh, Judicial Member.

      

 

Present:     Shri Hitender Kansal, Advocate on behalf of Shri Raghav Sharma, Advocate for the Petitioner.

                   Ms. Sapna Narang, Advocate for the respondents No.1 & 2.

                   None for performa respondent

                   Shri Nitin Gupta, Advocate for the respondent-opposite party No.4

 

                            

O R D E R

 

 

 

 

 

 

NAWAB SINGH J, (ORAL)

 

          This complainants’ revision is directed against the order dated November 10^th, 2017 passed by District Consumer Disputes Redressal Forum, Kurukshetra (for short ‘District Forum’), whereby application filed by Piyush-complainant No.1 to constitute a board of medical officers to clinch the issue as to whether there was medical negligence on the part of Dr. Uma Gaur-opposite party No.2, who treated Babita (since deceased), mother of complainant No.1, was dismissed. For ready reference, operative part of the impugned order is reproduced as under:-

 

“Reply to the application OP No.3 filed. Copy given. Ld. Counsel for Ops No.1 and 2 had made a statement that reply filed by OP No.4 be read on behalf of Ops No.1 and 2 for the application dated 11.10.2017.

2. We have heard learned counsel for the parties and perused the case file carefully.

3. In this application the complainant has prayed for recording statement of doctor in this regard. This is to be seen that the statement of doctor cannot be recorded at this stage. So, in such like circumstances the application is being without any merit and same is hereby dismissed. Now, to come 14.11.2017 for evidence of parties.”

 

2.      To adjudicate the matter in a more complete and effective manner and considering the golden principle that everyone approaching the temple of justice should feel satisfied in the matter of getting opportunity to present his or her case as good as he or she can, this revision petition is accepted and impugned order is set aside.  The District Forum is directed to refer the matter to Chief Medical Officer, LNJP Hospital, Kurukshetra to constitute a Board of Specialist Doctors in the concerned fields to give opinion whether there was negligence on part of doctor who treated Babita. The Board so constitute shall give the notice to both the parties.  Both the parties shall submit their relevant records/evidence before the Board.

3.      The parties are directed to appear before the District Forum on May 28^th, 2018.

4.      Copy of this order be sent to the District Forum.

  

 

Announced 25.05.2018

(Balbir Singh) Judicial Member

(Nawab Singh) President

 

UK