INDU CT SCAN AND DIAGNOSTIC CENTRE Vs. ABHILASHA

JUDGEMENT

(1.) The present Revision Petition has been filed by the Petitioners under Sec. 21 (b) of the Consumer Protection Act, 1986 (hereinafter referred to as the "Act") against the impugned Order dtd. 27/11/2018, passed by the Rajasthan State Consumer Disputes Redressal Commission (hereinafter referred to as the "State Commission") in Appeal No. 1631/2016, whereby the Order of District Consumer Disputes Redressal Forum, Jhunjhunu (hereinafter referred to as the "District Forum") was dismissed.

(2.) The facts in brief are that Baby Abhilasha about 3 years of age was examined by Dr. V.K. Gupta at BDK Hospital, Jhunjhunu for abdominal pain and vomiting. On 8/5/2015, the Ultra-sonography (USG) was performed by OP-2-Dr. Shekhawat in Indu CT Scan Diagnostic Centre (OP-1) and reported it as 12.8 mm appendicular lump. Dr. V.K. Gupta immediately asked Abhilasha's father to take opinion from Jaipur. Therefore, on 9/5/2015 he took his daughter by taxi to the paediatric surgeon Dr. Chetan Sharma at SMS Medical College, Jaipur. Again USG was performed which didn"t find appendicular lump and the pain was due to infection in the uterus, it was cured within 7 days of normal treatment.

(3.) Because of the wrong diagnosis, it was alleged gross negligence the Complainant's father has to travel Jaipur and sustained financial loss alongwith physical and mental agony. Being aggrieved, Baby Abhilasha filed a Consumer Complaint through her father as a guardian, before the District Forum, Jhunjhunu and prayed Rs.1,00,000.00 as a compensation.