AMITA SHARMA Vs. B.H.E.L.

JUDGEMENT

(1.) In this revision petition there is challenge to order dated 9.8.2010, passed by State Consumer Disputes Redressal Commission, Uttrakhand, Dehradun (for short, 'State Commission'). Brief facts are that petitioner/complainant filed a complaint before District Consumer Disputes Redressal Forum, Haridwar (for short, 'District Forum') stating that her husband Lt. Col. (Retd.) Hari Shankar Sharma is employed as Manager- Legal in BHEL, Haridwar and she has the complete knowledge about him. Her husband retired from Indian Army in January, 2001 and was medically examined at the time of retirement. At that time he was totally free from any disease of liver and special care for his treatment was to be taken. At the time of appointment in the BHEL he was again medically examined by BHEL medical department and that time also he did not have any disease of Liver. In the year 2004, for the first time her husband complained of backache to the doctors of BHEL. He was examined by them but they could not detect anything and was advised to carry out CT scan for which Rs. 3,200 were spent by her husband. BHEL refunded Rs. 900 only. That time they spent Rs. 20,000 in the process of investigation. Thereafter, her husband was admitted on 3.6.2004 in BHEL Main Hospital for the treatment. At that time, Dr. P.C. Sharaf, CMO and B. C. Raut, Head of Medicine, without any proper investigation started administering 02 grams of Fortran and Voveran injections every 06 hours. These medicines-the antibiotic and pain killers, were administered to her husband had fatal and very severe effect on his Liver. The BHEL Doctor knowingly administered these medicines at the behest of senior management officers of the BHEL, since her husband was transparent and honest worker and due to this senior management officers of the BHEL Company apprehended danger to their deeds. When petitioner objected to the wrong treatment given by the BHEL doctors, her husband was referred under protest to Sir Gangaram Hospital, New Delhi. At the time of discharge, BHEL Doctor refused to give information regarding treatment given to her husband and to hand over the record of the treatment by the BHEL Doctors during the period of admission. Because of this denial of the medical history and the treatment details, treatment at Sir Gangaram Hospital was delayed. Her husband remained admitted in Sir Gangaram Hospital for 20 days, where he was informed that he has developed disease of Liver Cirrhosis, whereas BHEL doctors did not give any treatment in this regard. Later when her husband consulted other doctors, they informed that this disease has been developed due to administration of very strong antibiotic and pain killers. Thus, petitioner has prayed for compensation of Rs. 10 lakh.

(2.) Respondent Nos. 1 and 3 to 6 did not file any written statement but their Parokar verbally intimated, that written statement filed by respondent Nos. 2 and 7 may be treated as reply by all the respondents.

(3.) Respondent Nos. 2 and 7 in their written statement have stated that Lt. Col. (Retd.) Hari Shanker Sharma was employed as Manager (Legal) in BHEL, but has been transferred to BHEL Truchi. It is further stated that emergency treatment to him was never denied. Respondents admit that petitioner's husband was medically examined and proper investigations were done. Thereafter, medicines were administered to him. Respondents unequivocally denied that excessive administration of pain killers has affected the Liver of the husband of the petitioner. Further, respondents have admitted that petitioner's husband had backache in the year 2004. However, it denied the claim of the complainant that doctors could not reach any conclusion with respect to the reasons for the backache. Husband of petitioner was then admitted to BHEL Hospital and all the facilities as per rules were made available to him. It has been admitted that petitioner's husband was admitted with the complaint of fever and chest pain on 3.6.2004. Dr. B.S. Kushwaha, Physician had prescribed Fortran 2 gm BD and Tab. Nemodol. Thereafter, other doctors were consulted. Since, fever along with chest and back pain was continuing, hence liver function test was advised on 6.6.2004. On 7.6.2004, petitioner's husband was referred to Sir Ganga Ram Hospital. None of the Doctors of BHEL delayed the referral. Respondents denied the claim of the complainant that the dose of heavy antibiotic and pain killers had adverse effect on the liver of petitioner's husband. It is further stated that petitioner's husband had filed the instant complaint to escape the transfer. Petitioner's husband remained admitted in Sir Ganga Ram Hospital from 8.6.2004 to 19.6.2004 and was found suffering from Herpatic rest with Neurelgia with Hepatitis with Generative Change of Spine. BHEL Doctors have given him better treatment. Sir Ganga Ram Hospital also did not find him suffering from Liver cirrhosis. In the circumstances whatever treatment was given that was after due consultation with the Doctors. Therefore, complaint is liable to be dismissed.