NEW INDIA ASSURANCE COMPANY LIMITED Vs. RAJESH KUMAR

JUDGEMENT

(1.) THIS appeal is preferred against the order dated 27.11.2002 passed by the District Consumer Disputes Redressal Forum, Rewari whereby while accepting the complaint of the respondent No. 1 -complainant, following relief was granted:

(2.) THE facts giving rise to the present appeal may be noticed as under: Respondent -complainant Rajesh Kumar invoked the jurisdiction of the District Forum with the averments that on 11.11.1999 he was suffering from fever. He was admitted in the hospital of the opposite party No. 1 Dr. Pawan Goel where he remained admitted upto 18.11.1999. On the same day, the complainant felt severe stomach. The opposite party No. 1 after taking X -Ray contacted opposite party No. 2 - Dr. Ajay Aggarwal on telephone. The complainant was advised to go for operation from the opposite party No. 2. According to complainant the opposite party No. 2 had demanded Rs. 20,000 as operation fee which he could arrange and as such the opposite party No. 2 had refused to conduct the operation. Thereafter, the complainant contacted another doctor who also advised to take the patient -complainant to Medical College, Rohtak or to Delhi and lastly the complainant was treated at Delhi. On 18.11.1999 the complainant was admitted in Intensive Care Unit and operated upon by a team of doctors in St. Stephen s Hospital, Delhi, where the complainant was kept in I.C.U. for 72 hours and thereafter was shifted to Ward No. 401. The complainant remained as indoor patient upto 29.11.1999 in St. Stephen s Hospital, Delhi.

(3.) THE case of the complainant is that due to heavy antibiotic and wrong treatment given by the opposite party No. 1, a little hole had become in small intestine of complainant. It is further alleged that due to wrong advice of the opposite party No. 2, the complainant and his family members suffered mental agony and harassment. Alleging deficiency of service and unfair trade practice, on the part of the opposite parties No. 1 and 2, the complainant sought compensation of Rs. 4,00,000 from the opposite party No. 1 and Rs. 50,000 from the opposite party No. 2.