V.K. DIXIT Vs. SANGEETA DUBEY

JUDGEMENT

(1.) The two Petitioners have filed the present Revision Petitions against the impugned order dtd. 8/4/2015 passed in Appeal No. FA/13/213 and FA/13/184 passed by the Chhattisgarh State Consumer Disputes Redressal Commission, Pandri, Raipur (hereinafter referred to as the "State Commission").

(2.) For the convenience, the parties herein are referred to as per their original position in the Complaint i.e. Dr. Sunita Verma as the Opposite Party No. 1, Dr. V.K. Dikshit as the Opposite Party No. 2 and New India Insurance Co. Ltd. as the Opposite Party No. 3.

(3.) The brief facts of the case are that the Complainant Sangeeta Dubey (for short 'the patient') underwent hysterectomy operation in Chhattisgarh Institute of Medical Sciences (CIMS) at Bilaspur on 22/8/2005 and discharged on 31/8/2005. It was performed by Dr. Sunita Verma, the Opposite Party No. 1. The Complainant alleged that after the operation, the patient was passing urine from her vagina, but the patient was discharged without attention and told that it will be cured automatically. On 2/10/2005, the patient again came to the Opposite Party No. 1 with the Complaints of increased flow of urine. The Opposite Party No. 1 inserted a catheter and called her after one week. The Complainant noticed that the urine was not coming from the Catheter and therefore, approached the Opposite Party No. 1 on next day 3/10/2005, who examined her and found urinary examination bladder was damaged and suggested to consult another expert doctor, thereafter, she denied further treatment. The patient approached Dr. S. M. Dubey and then to Dr. D. R. Patle. Lastly, the Complainant contacted the Opposite Party No. 2, Dr. V. K. Dixit, who examined the patient and X-rays and advised 2 nd operation. It was alleged that the Opposite Party No. 2 was not qualified Urologist, but he performed the 2 nd operation "Ureteroneocystostomy". Due to the negligent act, the Complainant incurred financial loss, physical and mental agony. Being aggrieved a complaint was filed before the District Consumer Forum, Bilaspur.