JYOSHNA RANI GHOSH Vs. M/S SANJUKTA CURATIVES

JUDGEMENT

(1.) IN this revision, there is challenge to order dated 31.12.2007, passed by Orissa State Consumer Disputes Redressal Commission, Cuttack (short, "State Commission ").

(2.) BRIEF facts are that petitioner no.1/complainant no.1 is widow of deceased Bijay Kumar Ghosh, whereas petitioner nos.2 to 6/complainant nos.2 to 6 are children of the deceased. Shri Bijay Kumar Ghosh, died in the Nursing Home of respondent/opposite party, which is managed and owned by Dr. Baidya Nath Mishra, a specialist in medicine. The death of deceased occurred at 6.30 a.m. on 14.9.2003, while undergoing treatment in the Nursing Home. Deceased was an operator (Group -C) under Telecom Department, Cuttack drawing a salary of Rs.9,939/ - p.m.

(3.) RESPONDENT /opposite party in its written statement admitted that deceased was brought to their Nursing Home about 9.00 p.m. on 13.9.2003. Immediately after his arrival, respondent examined him and found him to be seriously ill. Since, patient was suffering from Diabetes Mellitus for last 18 years, he had developed urinary tract infection during last ten days and was suffering from fever with rigor for last three days. Respondent noted all these findings, including the provisional diagnosis of septicaemia in the treatment sheet of patient 's file. Respondent also explained the seriousness of patient 's condition to Mr.Debasis Ghosh, the patient 's son. Certain essential pathological tests wre immediately done like I.C.I. for malaria, which was found to be negative, Random blood sugar was estimated which was found to be high (253 mg %). The treatment started at 9.30 p.m. However, plea of respondent is that he also advised further investigations to be done but at 9.30 p.m., it was not possible to do the same. Hence, they were scheduled to be undertaken next morning. Due to seriousness of the case, respondent instructed his pharmacist on night duty, Mr. Madan Mohan Mandal to check the patient from time to time throughout the night and report to him if there is any deterioration in the patient 's condition. In fact, Mr. Mandal had been with the patient almost whole of the night, which is evident from records. At 6.00 a.m., patient suddenly had rigor with very high temperature which went upto 104 F. After recording the temperature, Mr.Mandal started doing Cold Sponging of the patient. At that time, patient suddenly collapsed and expired at 6.15 a.m. When Mr. Mandal found that patient had suddenly passed away, he called Dr.Baradakanta Mishra, M.D. (son of respondent) over phone to come to the patient immediately. That doctor examined the patient and confirmed that he has expired. After death of the patient, his relatives became furious and manhandled the pharmacist. Later on, police was called. From the aforesaid facts, it is manifest that there is no deficiency in service or negligence whatsoever and petitioners have filed this case against respondent with an ulterior motive to damage his reputation and goodwill and tarnish the image of the Nursing Home on false and baseless allegations. Therefore, complaint is liable to be dismissed.