CHANDRA SHEKHAR PANDEY Vs. SALIL CHANDRA

JUDGEMENT

(1.) THIS appeal has been preferred against the judgment of September 21, 2004 of the District Consumer Forum, Gorakhpur whereby the complaint of the appellant Sri Chandra Shekhar Pandey was dismissed.

(2.) THE appellant is the husband of Smt. Shanti Pandey who died following her surgery performed by Dr. R.K. Pandey, the surgeon. It was alleged by Sri Chandra Shekhar Pandey in his complaint that his wife was suffering from some abdominal pain in the year 2000 when she consulted Dr. Chakrapani Pandey. On being advised by Dr. Pandey she had undergone sonography test by Dr. Salil Chandra, who diagnosed that there were two stones in her gall bladder measuring 6x6 mm. and 6x9 mm. The report preparedby Dr. Salil Chandra was shown by the complainant to Dr. Chakrapani Pandey who then advised for surgical operation by Dr. R.K. Pandey. As advised, the complainant took his wife to Dr. R.K. Pandey who advised for removal of her gallbladder by surgical operation and demanded a fees of Rs. 10,000 for conducting surgery. Smt. Shanti Pandey was admitted in Saraf Hospital, Gorakhpur on 16.11.2000 for surgery by Dr. R.K. Pandey.

(3.) DR . Pandey, as alleged by the complainant in his complaint, did not find any stone in the gall bladder of Smt. Shanti Pandey and noticed that the gall bladder was malignant but even then Dr. Pandey proceeded to conduct surgery for removal of gall bladder without calling any cancer specialist. Dr. Pandey retained Smt. Shanti Devi in Saraf Hospital for nine more days without proceeding with or recommending for any treatment of cancer. Smt. Shanti Pandey died on 25.11.2000.