INDUS HOSPITAL Vs. RAJEEV LOCHAN SINGH

JUDGEMENT

(1.) Heard Sri Suresh Kumar, learned counsel representing Ms.Ramani Annam, learned counsel for the petitioner and Sri Rajeev Lochan Singh, the respondent (party-in-person).

(2.) This revision petition under Article 227 of the Constitution of India has been filed by the petitioner M/s. Indus Hospitals, represented by its Chairman at Visakhapatnam challenging the order dtd. 20/9/2023, passed in R.P.No.1380 of 2022, by the National Consumer Disputes Redressal Commission, New Delhi (in short, the National Commission).

(3.) The respondent herein Sri Rajeev Lochan Singh filed a Consumer Complaint No.102 of 2014 against the opposite parties 1 and 2 i.e. (1) M/s.Indus Hospitals, represented by its Chairman and (2) Dr. Jaya Sai Sehkhar B. Consultant Urologist before the District Consumers Forum-II, Visakhapatnam (in short, District Forum) seeking the reliefs to direct them to pay an amount of Rs.18,00,000.00 along with compensation of Rs.50,000.00 towards damages and costs for legal expenses towards the alleged medical negligence and deficiency in service in performing the surgery of removing the stones. The opposite parties 1 and 2 in the consumer complaint filed their counter and inter alia denied the material averments. The District Forum, answered the points as framed in favour of the complainant/present respondent and held him entitled for compensation of Rs.12,00,000.00 to be paid by the 1st opposite party/the present petitioner-hospital along with the costs for legal expenses of Rs.10,000.00. With respect to the 2nd opposite party doctor, it was held that the complainant was not entitled to claim any amount from the doctor, there being an indemnity policy between the hospital and the doctor. Complaint was, thus allowed in part by order dtd. 24/7/2017 granting 45 days from the date of receipt of copy of that order for compliance.