RAMNARAYAN PANDEY Vs. SUPERITENDENT, RED CROSS SPECIALITIES POLYCLINI

JUDGEMENT

(1.) The Appellant/Complainant has filed the instant Appeal under Sec. 19 of the Consumer Protection Act, 1986 (in short 'the Act'), against the Order dtd. 23/2/2018 passed by the State Consumer Disputes Redressal Commission, Bihar (for short the 'State Commission') in Consumer Complaint No. 30 of 2014, wherein the State Commission, dismissed the Complaint.

(2.) On 28/4/2014 Mr. Ankit Pandey (since deceased for short the 'Patient') the son of Complainant visited Dr. K.M. Sahai (OP-2) at Red Cross Bhawan Patna (OP-1) with complaints of fever for the past 5-6 days. The patient underwent certain tests, including SGPT, as advised by the doctors. He followed the prescribed treatment but experienced worsening symptoms such as yellowness of eyes and vomiting. The patient approached Dr. Fzal Imam Ali (OP-3), who prescribed medicines for jaundice without proper authorization. Consequently, on 30/4/2014 the patient was transferred to Patna Medical College Hospital (PMCH- OP4), but treatment there proved unsatisfactory. Subsequently, the patient was taken to Ruban Emergency Hospital, Patna (OP-5). As the patient's condition further deteriorated, on 6/5/2014 he was admitted in ILBS, New Delhi under Dr. S. K. Sarin (OP-6). Unfortunately, during treatment, the patient expired on 12/5/2014 due to liver failure and acute renal failure (ARF). Being aggrieved, due to medical negligence the Complainant filed a consumer complaint no. 30/2014 before the State Commission seeking compensation of Rs.45.00 lakh, along with interest @ 12% per annum.

(3.) The State Commission based on the averments dismissed the Complaint of the Complainant with the following observation: -