ARTI Vs. GAGANDEEP GOYAL

JUDGEMENT

(1.) This revision petition under Sec. 21 of the Consumer Protection Act, 1986 (in short, the 'Act') assails the order dtd. 5/5/2016 in First Appeal No. 316 of 2013 of the State Consumer Disputes Redressal Commission, Punjab, Chandigarh (in short, the 'State Commission') allowing the appeal and dismissing order dtd. 28/1/2013 of the District Consumer Disputes Redressal Forum, Bhatinda (in short, the 'District Forum') in Consumer Complaint no. 216 of 2012. The impugned order disposed of 3 connected First Appeals (Nos. 316/2013, 323/2013 and 324/2013) arising from the same order of the District Forum.

(2.) The brief facts of the case, according to the petitioner, are that she was incorrectly diagnosed and wrongly operated upon by the respondents for the removal of gall bladder and insertion of a stent in the central bile duct (CBD) of the liver instead of a perforated appendix which resulted in medical complications requiring repeated hospitalization and resulting in her getting bedridden after incurring huge expenditure of Rs.2,54,000.00. It is stated that on 26/4/2011 she had consulted respondent no 2, Dr Sanjay Garg in Delhi Nursing Home, Bibi Wala Road, Bhatinda for pain in the right side of the abdomen and was advised ultrasound test based on which removal of gall bladder stones through laparoscopy was advised within 3-4 months. As she had an infant child, she again consulted respondent no. 2 on 20/11/2011 and was similarly advised after another ultrasound test. On 11/1/2012 she was advised emergency laparoscopic operation and was admitted under the said Dr Garg/respondent no.2. However, instead of laparoscopic surgery to remove the stones from the gall baldder, the gall bladder was itself removed without the consent of the petitioner or her husband and the petitioner was discharged on 13/1/2012. Due to persistence of pain she again visited the hospital on 15/1/2012 where she was admitted from 15/1/2012 to 25/1/2012. Several tests including another ultrasound test were done on 20/1/2012 and she was referred to respondent no. 1, Dr Gagandeep Goyal for MRI and CT Scan. Respondent no. 1 inserted a stent in the Central Bile Duct (in short, 'the CBD') to close the leakage of bile. She was discharged on 25/1/2012 but states that there was no relief from the pain in the abdomen.

(3.) On again consulting respondent no 1 on 31/1/2012, she was referred to Pioneer Imaging and Diagnostics, Street No. 3, Bibi Wala Road, Bhatinda and for tests in Dr Monika's Lab. Thereafter, she was referred to PGI, Chandigarh. On 2/2/2012 the petitioner was admitted to Daya Nand Medical College (DMC) and Hospital, Ludhiana under Dr Satpal Singh Virk, a Gastroenterology Surgeon who diagnosed her with post Cholecystectomy Biliary Stricture with symptoms of pain and distension in abdomen, vomiting and fever, swollen small gut, free fluid in pelvis and ERCP stunting active leak of bile near clip site. On 4/2/2012 the said Dr Virk operated upon her to drain the pus and for correction of bile leakage. The petitioner was discharged on 11/2/2012 and consulted DMC, Ludhiana on 4 occasions between 17/2/2012 and 10/3/2012. She was again operated on 13/3/2012 for pain in the abdomen and remained admitted till 17/3/2012. Thereafter, she consulted with doctors in DMC, Ludhiana on 4 more occasions.