SARITA SHUKLA Vs. ASHWIN K. GADHVI

JUDGEMENT

(1.) The instant Appeal has been preferred by the Appellant/Complainant (Smt. Sarita Shukla) under Sec. 19 of the Consumer Protection Act 1986 against the Order of the Gujarat State Consumer Disputes Redressal Commission (hereinafter referred to as the "State Commission") dtd. 18/4/2011 passed in Complaint No. 209/2001, wherein the Complaint was dismissed.

(2.) For the sake of convenience, the Parties are mentioned as in the Original Complaint.

(3.) Brief facts as stated in the Complaint are that the husband of the Complainant (hereinafter referred to as the "deceased") was having difficulty of cough and cold and consulted Dr. Ashwin K Gadhvi (hereinafter referred to as the "Opposite Party-1"on 1/1/2001. Opposite Party-1 advised him X-Ray and sonography which was done by one, Dr. Paresh Mehta and within few hours Dr. Paresh Mehta gave the sonography and X-Ray report based on which the Opposite Party No. 1 advised the deceased to get admitted in the hospital for general check-up without assigning any reasons for the X-ray and sonography. In the morning of 4/1/2001, the deceased experienced stretching in his hand and his mother-in-law informed about the same to the nurse who administered one injection to the patient stating that Opposite Party-1 was not in the hospital. However, after giving the injection, the condition of the deceased had become more serious.