SANJAY Vs. GOKUL

JUDGEMENT

(1.) Present revision petition has been filed by the petitioner challenging order dated 29.7.2011, passed by Maharashtra State Consumer Disputes Redressal Commission, Aurangabad (for short as "State Commission").

(2.) Brief facts of this case are that respondent/complainant approached petitioner on 6.7.1999 for getting treatment of his wife who was suffering from abdominal pain. It is alleged that after preliminary examination, petitioner suggested operation and also assured that there was no risk in doing the said operation. Accordingly, respondent consented for the operation and said operation was conducted on 7.7.2009. Even after the operation, pain in abdomen continued and there was also swelling on her abdomen. Therefore, on the advice of petitioner, respondent got the sonography done of his deceased wife on 11.7.1999. In which it was revealed that due to operation there was injury, which resulted in "Pus". Hence, petitioner again suggested for the second operation. Respondent trusting the petitioner consented for the second operation, which was performed on 14.7.1999. Thereafter, his wife was shifted in ICU, where her relatives including respondent were not allowed to meet her. Finally, on 22.7.1999, his wife Kamalabai died.

(3.) It is alleged by the respondent that he [demanded case papers of the treatment but was denied and only "death certificate" was issued by the petitioner. It is further alleged that there was negligence committed by petitioner at the time of first operation and post-operative treatment. Therefore, his wife had to undergo second operation and finally died due to negligence on the part of petitioner, which has caused a great loss to his family and particularly to his children consisting of two daughters and one son. Respondent, therefore, issued legal notice to the petitioner on 4.5.2000, but same was not replied. Then petitioner approached the District Forum seeking directions to the petitioner to pay rupees two lakh as Compensation along with interest @ 18% till the realization of the amount, in addition Rs. 1,000 towards cost of the complaint.