SUKHCHAIN SINGH Vs. CHANDIGARH ADMINISTRATION

JUDGEMENT

(1.) This is a complaint filed under Sec.17 of the Consumer Protection Act, 1986 (hereinafter for short referred to as C. P. Act) by Sh. Sukhchain Singh against Chandigarh Administration and another.

(2.) The complainant has alleged that he is a patient of low blood pressure and heart problem and he was treated for these ailments since 1994 at PGI Chandigarh and Dayanand Medical College, Ludhiana at various occasions till 10.11.2000. But again on 17.11.2000 on feeling low blood pressure and chest pain, he went to General Hospital, Sector 16, Chandigarh, hospital on O. P. No.2 for diagnosis and treatment. He avers that the doctor of this hospital was shown his previous treatment record but the doctor wrongly diagnosed him and prescribed him treatment for TB without conducting any X-Ray or other diagnostic tests for any evidence of TB. On 20.11.2000 when he went to the hospital again for follow up check he was advised to go to TB Centre, SAS Nagar, Mohali. The complainant on 23.11.2000 went to Civil Hospital, Phase 6, Mohali and got himself examined by Dr. Ajay Pal Singh, on whose recommendations some tests were done on 27.11.2000, the results of which were received on 29.11.2000. After perusal, the doctor at Civil Hospital, Phase-6, Mohali, opined that the complainant showed no signs of TB, OPD Slip indicating the same has been attached with the complaint as Annexure C-3. The complainant further avers that to eliminate any doubts regarding TB he got an X-Ray done at KG Scan Centre of Dr. (Mrs.) Kanwaldeep, Phase-I, Mohali and its report annexed as Annexure C-4 indicates no lung lesion. Further he avers that X-Ray done at MRI and CT Scan Centre, SCO 1134, Sector 22-B, Chandigarh, annexed as Annexure C-5 also shows no symptoms of TB.

(3.) In view of the above, the complainant states that he was wrongly diagnosed and the O. Ps. were negligent in prescribing and recommending treatment for TB and because of this treatment he is now suffering many complications such as decreasing eyesight, numbness of brain and skin, pain in lungs and loss of memory. For this medical negligence on the part of O. Ps. , the complainant has prayed for the following relief : (a) Compensation of Rs.7,00,000/- with interest at the rate of 18% p. a. from the date of loss. (b) Compensation of Rs.20,000/- on account of harassment and mental agony as well as expenses incurred on medical tests. (c) Payment of Rs.5,000/- as costs of litigation.