PADMA JHA Vs. SANDEEP PANDEY

JUDGEMENT

(1.) This Order shall decide both the first appeals arising from the impugned Judgment /Order dtd. 22/12/2014 passed by the State Consumer Disputes Redressal Commission, Chhattisgarh (hereinafter referred to as the 'State Commission') in Consumer Complaint No. 06/2010, wherein the State Commission partly allowed the complaint.

(2.) For the Convenience the parties are referred to as in the Complaint filed before the State Commission.

(3.) Brief facts are that on 30/5/2006 Complainant No.1 Padma Jha's husband Mr. Anish Jha (since deceased, for short, the 'patient') visited Modern Medical Institute (for short, 'MMI') at Raipur (OP-4) and consulted with Dr. Sandeep Pandey (OP-1). It was diagnosed as Gastro Case. The OP-1 advised ERCP procedure for the stone in Common Bile Duct (CBD) and accordingly, ERCP was performed on 31/5/2006. It was alleged that the OP-1 was not qualified to do ERCP and it was performed after obtaining informed consent from the brother of the patient. However, after ERCP, the patient developed complications and during treatment, he expired on 28/6/2006. The OPs Nos. 1 to 4 issued Death Certificate as the cause of death was due to heart attack and septicemia. Being aggrieved due to alleged negligence causing death, the Complainants filed the Complaint before the State Commission, Chhattisgarh and prayed compensation of Rs.90.00 lakh with interest @12%.