G P GUPTA Vs. MEHROTRA PATHOLOGY

JUDGEMENT

(1.) This appeal is directed against judgment passed by the U.P. State Consumer Disputes Redressal Commission, Lucknow (in short 'the State Commission'), in Complaint Case N0.27/SC/1999. By the said judgment, the State Commission dismissed the complaint.

(2.) The appellant is the original complainant and was husband of deceased Smt. Subhadra Kumari Gupta. He died during pendency of the appeal. The legal representatives have been substituted in his place.

(3.) Briefly stated, the complainant's case was that his wife was admitted at Gandhi Memorial and Associated Hospitals, Lucknow (now known as King George's Medical University) on 27.11.1996. She was suffering from abdominal pains. As a result of investigations, she was diagnosed as suffering from a disease called obstructed "umbilical hernia". She was advised to undergo operation by Dr. L. Kakkar of the said hospital. On 21.12.1996, the operation was performed. During course of operation, the surgeon suspected that the patient (Smt. Subhadra Kumari Gupta) was suffering from cancer. Therefore, a specimen of intra-abdominal mass with multiple lymphnode nodules was collected for biopsy/ investigation. The specimen was sent to the Pathological Laboratory of the respondents. On 25.12.1996, the respondents gave report of Pathology examination. The report of the respondents indicated diagnoses as "Calcified Caseous Necrotic Nodules." The complainant's wife was treated thereafter for abdominal Tuberculosis on the basis of the Pathological report submitted by the respondent. The complainant's wife was discharged on 1.1.1997 by KGMU Hospital which had advised her to continue the prescribed medicines. Though, the medicines were taken as prescribed, yet, his wife suffered from prognosis. Because of vomiting, she was again admitted to the KGMU hospital on 24.3.1997. On 16.4.1997, she was operated. The surgeon noticed malignancy and as such, collected the omental tissues and, sent it to another Pathologist, namely, Dr. K.M. Wahal. The second pathological report indicated that she was suffering from cancer. The complainant further alleged that his wife was discharged on 24.4.98 by the KGMU hospital. He continued to give the medicines prescribed for treatment, Still, however, she died on 5.5.1997.