Respondent is not present despite service. Ordered to be proceeded ex parte. Complainant/respondent who was diabetic was admitted in the appellant Institute on 29.04.1997 for angiography which was to be -2- conducted by Dr. Ashok Seth. He was given Room No.RC-54 and he was told to be ready by 6:00 a.m. on 30.04.1997 as the test was to be conducted at 8:00 a.m. Alleging that nobody turned up till 3:00 p.m. and the patient was feeling hungry and sinking as full dose of diabetes medicine was given, complainant’s wife approached the staff and Doctors but the Doctors shouted at her and misbehaved with her. Since condition of the patient was deteriorating a request was made to return the documents and to refund the amount of Rs.15,000/- but neither the test was conducted nor the amount was refunded. Being aggrieved, respondent filed the complaint before the State Commission. Appellant on being served put in appearance and stated that the complainant contacted the Institute as an OPD patient on 15.03.1997 with a history of angina on exertion, hypertension, diabetes and had suffered an attack on 12.02.1997; the patient was advised to get the angiography done for complete evaluation, but before the angiography could be planned, he was advised to get certain tests done to evaluate his sugar level etc. and was asked to report after getting the tests done; that the patient reported on -3- 27.03.1997. As his sugar was not under control, he was advised to consult Dr. Ashok Sharma for control of his sugar. Complainant was admitted in the Escorts Heart Institute of Research Centre on 29.04.1997 for angiography. He was told that his angiography would be done the next day i.e. 30.04.1997 in the afternoon slot as he was keen to get the procedure done by Dr. Ashok Seth only whose slot was to start at 1:00 p.m. on 30.04.1997. All the mandatory tests were started on 29.04.1997 in the evening. After Dr. Seth came to the Institute, he planned that the angiography on the complainant would be performed sometime between 4:00 and 5:00 p.m. The patient was given full breakfast at 9:10 a.m. At 1:20 pm the patient was given a light meal, a glass of juice and sandwiches. Dr. Ashish also examined the patient at 2.00 pm and told him that he would be taken to the Cath Lab for angiography between 4.00 and 4.30 p.m. At about 4.30 p.m. complainant was told that he was to be shifted to the Cath Lab for angiography, but the complainant refused to go to Cath Lab. Dr. Seth spoke personally to the patient and explained to him that his slot to do the procedures were only in the afternoon and not
-4- in the morning and that he would get the complainant to the Cath Lab immediately to do his angiogram. The complainant was very adamant and declined to get the procedure done on that day. He walked out of the Institute without even settling the bill with the Finance Department and signing the discharge papers. The Doctors while dealing with the complainant felt that he was an extremely short tampered, hypertensive and non-co-operative person. The Finance Department of the respondent out of the deposited amount had already refunded the balance amount of Rs.11,219/- vide cheque No.212133 dated 19.07.1997. State Commission without taking note of any evidence or taking into account the reply filed by the appellant allowed the complaint in part by observing thus: 1. Aforesaid conspectus of rival claims of the parties mainly boils down to the limited deficiency in service on the part of OP that the complainant was told to be ready by 6.00 A.M. on 30-04-19976 for angiography test which was to take place at 8.00 A.M. but till 3.00 P.M. nobody turned up from the OP-side as it was later on detected that he was a patient of diabetes and his sugar level was not under control for the purpose of angiography test and as a result he felt sinking syndrome. 6. Whenever a patient lands up in a nursing home or hospital for either any test or for any treatment it is the duty of the hospital or the nursing home to attend to the patient immediately in case there is emergency and within reasonable period in case of ordinary patient. However, to keep a patient waiting for hours without subjecting him to the test definitely verges on deficiency in service which means any fault, imperfection, shortcoming of inadequacy in the quality, nature and manner of performance which is required to be maintained by or under any law for the time being in force or has been undertaken to be performed by a person in pursuance of a contract or otherwise in relation to any service. Certain tests that are of such nature, which may be taken empty stomach or after controlling diabetes, should be performed at the earliest as a diabetes patient suffers immensely if he after the medicine is kept without food. Sinking syndrome of such patient not only mentally but physically also harms him.” The findings recorded by the State Commission are not warranted on the evidence present on record. The findings are conjectural based no evidence. Appeal is allowed. Impugned order of the State Commission is set aside. -6- However, the appellant is directed to pay a sum of Rs.25,000/- to the respondent/complainant by way of ex-gratia payment. | 
