MD. USMAN Vs. JIWAN HEALTH CLINIC

JUDGEMENT

(1.) This present Revision Petition has been filed under sec. 21(b) of the Consumer Protection Act, 1986 (hereinafter referred to as the 'Act ') against the common order passed in Appeal No. 161 of 2011 and Appeal No. 197 of 2011 by the State Consumer Dispute Redressal Commission, Bihar, Patna (hereinafter referred to as the 'State Commission).

(2.) Brief facts are that the Complainant 's father (hereinafter referred to as the 'patient ') was operated by Dr. C. Pratap (hereinafter referred to as the 'Opposite Party No. 2 ') for removal of gall stone on 24/11/2009 at Jiwan Health Clinic at Sarifganj. Thereafter, the patient developed severe complications, which resulted in the death of patient on 1/1/2010. Thereafter, the patient was taken to Katihar Medical College Hospital (K.M.C.H.), Katihar and at Indira Gandhi Institute of Medical Sciences (IGIMS), Patna, wherein it revealed presence of gall bladder.

(3.) The Opposite Parties, in their reply, denied any negligence or deficiency in service. It was submitted that the operation was performed on 24/11/2009 and the patient was discharged on 1/12/2009. The visiting surgeon regularly attended the patient and found him recovering well.