S L CHANDER SHEKHAR Vs. M P GUPTA

JUDGEMENT

(1.) Petitioner, who was the complainant before the District Consumer Disputes Redressal Forum-11, Union Territory, Chandigarh (for short the District Forum) has filed the present Revision Petition against the order dated 16.11.2005 passed by the State Consumer Disputes Redressal Commission, Union Territory, Chandigarh (for short, 'the State Commission') wherein and whereunder the appeal of the petitioners was dismissed.

(2.) Shortly stated, the facts leading to the filing of the present complaint are:

(3.) Smt. Brij Devi, wife of petitioner/complainant was under the treatment of a Hospital of the Health Department, Union Territory, Chandigarh in the year 1999. That on 19.11.1999, Dr. B.D. Chugh of that Hospital advised C.T. Scan of her chest to diagnose actual disease. That on 11.4.2000, as per his friend's advice, petitioner took his wife to the Clinic of Dr. M.P. Gupta-respondent herein, who advised that there was no necessity of C.T. Scan and diagnosed that the patient was suffering from Diabetes and not any other incurable disease. It is stated that on 11.4.2000, Dr. M. P.Gupta started her medical treatment by prescribing and giving her various types of pain-killers for Diabetes without disclosing anything to the petitioner. That by the month of October, 2003, the pain of the patient became critical and she was again taken to the Clinic of the respondent who gave her pain-killers and advised the petitioner to get his wife operated from Dr. (Mrs.) Ranjana Aggarwal. That as per the advice of the respondent, petitioner took his wife to Dr. (Mrs.) Ranjana Aggarwal, who after examination, referred her for ultrasound and other tests to New Diagnostic Centre, Sector-20, Chandigarh and, on studying the report of ultrasound, Dr. (Mrs.) Aggarwal further advised the petitioner to get CT Scan of abdomen (upper) of the patient done. That on the basis of the report of GT Scan of abdomen, Dr. (Mrs.) Aggarwal diagnosed that the patient was suffering from Liver Cancer for the last 3-4 years and this was her last stage and there were no chances of her survival. That Dr. (Mrs.) Aggarwal advised the petitioner to take his wife to PGI, Chandigarh for proper checkup. That on 11.10.2003, petitioner took his wife to PGI, Chandigarh where also the Doctors diagnosed that the patient was suffering from Liver Cancer and there were no chances of her survival. That on 23.12.2003, his wife died of Liver Cancer. Thus, being aggrieved by the same, petitioner filed the complaint before the District Forum alleging clinical negligence and deficiency in service on the part of the respondent.