AMIT M TRIVEDI Vs. K A BALAGOPALAN

JUDGEMENT

(1.) THIS appeal takes an exception to an order dated 16/5/2007 passed by the Mumbai Suburban District Consumer Disputes Redressal Forum, Bandra (hereinafter referred to as 'the Forum' for the sake of brevity) in Consumer Complaint No.351 of 2001, Mr. K. M. Balagopalan through his wife, Mrs. Clara Balagopalan Vs. Dr. Amit M. Trivedi. The complaint is in respect of 'unfair trade practice' on the part of the Dr. Amit M. Trivedi who runs Aashirwad Nursing Home & ICCU and describes himself as a 'cardiologist'. The Forum upholding the contention of the Respondent/Complainant awarded compensation of Rs. 1,00,000/ - to the Respondent/Complainant. Feeling aggrieved thereby, Appellant/Opponent Dr. Amit M. Trivedi preferred this appeal.

(2.) UNDISPUTED facts are that Mrs. Clara Balagopalan was under a treatment for heart -ailment (angina) of Dr. S. Thanickahalam, a cardiologist from Chennai. On 25/7/1999, in the forenoon Mrs. Clara Balagopalan was taken by her husband to Dr. Amit M. Trivedi's Aashirwad Nursing Home and ICCU since she was not feeling well. Appellant/Opponent Dr. Amit M. Trivedi examined her and got her admitted in the ICCU stating that she is suffering from a minor heart problem and that she would be O.K. in a day. Mrs. Clara Balagopalan was treated in the ICCU for two days and it is alleged by the Complainant that in the ICCU she was treated by young, inexperienced and untrained doctors, who were not even trained in allopathy. Medicines administered were changed abruptly and numerous drugs were administered at random. Appellant/Opponent Dr. Amit M. Trivedi did not personally attend Mrs. Clara Balagopalan except for random visits. The Complainant later on ascertained that Dr. Amit M. Trivedi holds only a post -graduate degree 'M.D.' in general medicine and he is not qualified in cardiology even though he was calling himself a 'cardiologist'. As far as this appeal is concerned main thrust is given only on the aspect about 'unfair trade practice' on the part of the Appellant/Opponent Dr. Amit M. Trivedi, who describes himself as a 'cardiologist'.

(3.) THE Respondent/Complainant further alleged that the condition of Mrs. Clara Balagopalan deteriorated on 27/7/1999 and she was removed to Dr. Balabhai Nanawati Hospital, where she had received treatment for a period of ten days and became normal. Mrs. Clara Balagopalan was under the treatment of Appellant/Opponent Dr. Amit M. Trivedi from the month of May -1999, prior to the event described earlier. She was taking the medicines as prescribed by a doctor from Chennai, supra. However, Appellant/Opponent Dr. Amit M. Trivedi misinterpreted her angina pain to muscular related to spondylosis and changed the medicines as a result of which her angina problem worsened resulting into sickness on 25/7/1999. Consumer complaint was filed in the above -referred circumstances.