KHURSHID AHMAD Vs. SURENDRA PRASAD

JUDGEMENT

(1.) The instant Revision Petitions have been filed against the order dtd. 31/7/2018 passed by the State Consumer Disputes Redressal Commission, Jharkhand at Ranchi (hereinafter referred to as the 'State Commission') in First Appeals Nos. 23 and 24 of 2016, wherein the State Commission dismissed FA/24/2016 and partly allowed the application for enhancement filed in FA/23/2016.

(2.) For the convenience the parties are referred here as they were placed in the Complaint filed before the District Forum. The Complainants are Sri Surendra Prasad as Complainant No.1 and also represented the Complainants Nos.2 and 3 and the Opposite Parties are Dr. M.P. Jha (OP-1), Dr. Khurshid Ahmad (OP-2) and Dr. Animesh Priya (OP-3).

(3.) Briefly stated facts are that on 11/9/2004 the Complainant's wife Lata about 30 years was operated by Dr. M.P. Jha (OP-1) for removal of gall stones, it was assisted by Dr. Khurshid Ahmad (OP-2) and Dr. Animesh Priya (OP-3) as an anesthesiologist. It was alleged the Complainant was waiting outside the operation theatre; the operation was started at 5 p.m. but at 9 p.m. it was declared that the patient was died inside the Operation Theatre(OT). Post mortem (PM) was performed at Patliputra Medical College and Hospital (PMCH). The cause of death was stated to be shock due to bacteremia and septicemia. Being aggrieved the Complainant filed the Consumer Complaint before the District Forum at Dhanbad and also filed a Criminal Complaint u/s 304-A/34 of IPC.