JITENDER KUMAR SINGH Vs. INDRAPRASTHA APOLLO HOSPITAL

JUDGEMENT

(1.) COMPLAINANT was operated for Sub -acute internal obstruction, KOCHs abdomen and Ileostomy on 25.3.2004 at Safdarjung Hospital. She developed some pain in the same portion and was admitted in the hospital on 14.4.2004 and was discharged on 19.4.2004. However on the recommendation of the Ministry of Health and Social Welfare, Government of NCT of Delhi she was admitted by the OP into free ward/ICU for medical treatment. On 4.8.2004 she was discharged with the finding that illegal loops could not be separated and the contract is seen passing into the colostomy bag makes it obvious that she was in urgent need of medical treatment and care.

(2.) THERE are allegations that in spite of having advised that she needs admission and treatment but being a poor patient she was discharged and within two days she developed pus.

(3.) EVEN if the allegations are assumed to be correct, we deem that the amount of compensation to the tune of Rs. 45,50,000 has been exaggerated in order to invoke jurisdiction of this Commission. This tendency needs to be curbed. In our view for pecuniary jurisdiction amount of compensation even if the complaint is allowed may not exceed Rs. 20,00,000, as such we transfer the complaint to the concerned District Forum for deciding it on merit. Complainant shall appear before the District Forum on 4.9.2006.