KANHAIYALAL DUBEY Vs. SANJAY JAIN & ANR

JUDGEMENT

(1.) BOTH these appeals under Section 15 of the Consumer Protection Act, 1986, one (No. 520/05) by complainant and the other (No. 635/2005) by opposite party arise from the order dated 25.2.2005 passed by District Consumer Disputes Redressal Forum, Seoni in Case No. 34/2004 directing opposite party -Dr. Sanjay Jain to pay to complainant -Kanhaiyalal Dubey compensation Rs. 2,50,000 with interest @ 9% p.a. from the date of complaint, besides cost Rs. 1,000.

(2.) IT is no more in dispute that on the evening of 28.9.2002 late Ashish Kumar Dubey, 22 years old son of the complainant, a local Advocate, visited opposite party -Dr. Sanjay Jain, a private medical practitioner at latter's hopital "Sewasadan Hospital" Lakhnadon. It appears that the deceased was suffering with malaria. Pathological report dated 25.9.2002 of 'Shri Sai Pathology' produced in evidence by the complainant was positive for malaria parasite (P.V.R.). However, his subsequent blood test examination carried on at the Hospital of opposite party, on 28.9.2002 was found negative for malaria parasite. Opposite party -doctor vide his prescription dated 28.9.2002 prescribed following treatement/medicines :

(3.) COMPLAINANT 's grievance before the Forum below was manifolds : one that the opposite party -doctor refused to admit his son in the hospital on the pretext of non -availability of bed; two that he allowed his untrained compounder to administer the intravenous dextrose injection; three, that the IV dextrose was given in such a manner and in higher quantity that it caused pneumonia to the patient; and four, that administration of Dexona, Phenargan and paracitamol was wholly unwarranted and these medicines made the patient unconscious and ultimately caused his death. It was further alleged that on 29.9.2002 the opposite party -doctor did not attend the patient properly as he was required to go to attend Lok Adalat in connection with some such other case. It was also poited out that the hospital owned and managed by the opposite party -doctor is not registered under the M.P.U.T.R.S.S. Rules, 1997 framed in this regard by the State Government.