ANJANA DHAKAR Vs. JAIN ENT HOSPITAL NEW DELHI

JUDGEMENT

(1.) This Revision Petition has been filed under Sec. 21 of the Consumer Protection Act, 1986 against the Order dtd. 31/1/2019 passed by the State Consumer Disputes Redressal Commission, Rajasthan (hereinafter referred to as the 'State Commission'), whereby the Appeal was allowed and the Order passed by the District Consumer Disputes Redressal Forum, Jaipur - IV (hereinafter referred to as the 'District Forum') was set aside.

(2.) There is a short delay of 13 days in filing the present Revision Petition. For the reasons stated in the application for condonation of delay, the delay is condoned.

(3.) The brief facts that the Complainant's daughter Divyanshu (herein referred as 'patient') was diagnosed as adenoids with bilateral secretary otitis media, Sinusitis and tonsillitis. Dr. Satish Jain, the ENT surgeon at Jain ENT hospital (OP-Respondent) performed Adenotonsilliectomy with Bilateral Grommet Insertion on 10/6/2010. She was shifted from Operation Theater toward at 10.30 a.m. She started coughing problem at 12.30 p.m., therefore, immediately oxygen was given, x-ray was done and the pediatrician Dr. Sethi was called; he examined the child. It was alleged that the operating surgeon was not careful, therefore, the foreign material entered in the bronchus and lungs which developed aspiration pneumonia of the child. The Complainant further alleged that the operation package for Rs.16,920.00 was fixed by the hospital, but due to the negligence of the doctor complication arose and the patient was shifted to Babylon and Imperial Hospital. The Complainant incurred further expenditure of Rs.28,000.00. Being aggrieved the Complainant filed the Complaint before the District Forum, Jaipur-IV.