AJAY KUMAR Vs. INDU BALA MISHRA

JUDGEMENT

(1.) This revision petition has been filed by the petitioner Dr. Ajay Kumar against the order dated 13.03.2014 of the State Consumer Disputes Redressal Commission, Bihar, (in short 'the State Commission') passed in First Appeal Nos.37 and 70 of 2008.

(2.) Brief facts of the case as mentioned in the order of the State Commission are that the complainant Smt. Indu Bala Mishra filed a complaint case in the concerned District Forum against the appellant- Dr. Ajay Kumar, Palm View Hospital, Patna with allegation of deficiency in service in providing medical services to her husband late Shri S.N. Mishra, due to which it caused death to the patient who went to opposite party doctor for the purpose of treatment at Palm View Hospital on 26.7.2003, with a complain of burning sensation while passing urine. The appellant/opposite party doctor after examining the patient and after conduction of different tests, suggested surgery of prostate of Sri S.N.Mishra. The patient was operated on 30.7.2003 at the said hospital by the appellant/opposite party Dr. Ajay Kumar. The patient was discharged from the Hospital on 4.8.2003 with some instructions regarding precautions to be followed by the patient and with advice to report for follow up in one month. But, just after the operation, the condition of the patient started deteriorating day-by-day and some other complications developed. The patient was again brought and admitted in the same Palm View Hospital on 15.8.2003 and he was advised to consult a psychiatrist. But, as per the complainant, when no proper hospital services were rendered to the patient by the opposite party doctor, the patient was brought to PMCH in an unconscious state and was admitted on 16.8.2003 in Indira Gandhi Institute of Cardiology, Patna where the patient died on 17.8.2003.

(3.) The complainant then filed a consumer complaint bearing no.382 of 2003 before the District Consumer Disputes Redressal Forum, Patna, (in short 'the District Forum). The complaint was resisted by the opposite party by filing the written statement before the District Forum. The District Forum after hearing both the parties allowed the complaint and directed the opposite party to pay Rs.1,00,000/- as compensation and Rs.5000/- as cost of litigation.