AHSAMUDDIN Vs. HEERA LAL

JUDGEMENT

(1.) The present Revision Petition has been filed by the Petitioners under Sec. 58(1)(b) of the Consumer Protection Act, 2019 (hereinafter referred to as the 'Act') against the impugned Order dtd. 2/8/2022, passed by the Rajasthan State Consumer Disputes Redressal Commission (hereinafter referred to as the 'State Commission') in First Appeal No. 81/2020, whereby the Appeal filed by the Petitioners/Opposite Parties was dismissed and the Order of District Consumer Disputes Redressal Forum, Jaipur-III (hereinafter referred to as the 'District Forum') was confirmed.

(2.) The facts in brief are that on 15/2/2005, the Complainant's / Respondent's wife Ms. Yashoda (patient) suddenly became ill and she was taken to the Petitioner No. 1 / OP-1 Dr. Ahsamuddin at ZBM Hospital. He treated the patient with some injections, pills and also with glucose drip. The patient was kept overnight in the hospital and discharged on 16/2/2005 despite her ill health and asked to show to another doctor. As the patient's health further deteriorated, her husband took her to S.M.S. Hospital at emergency, where the doctors declared her dead at 1.20 pm. The Complainant's in-laws lodged an FIR against the OP-1. It was further alleged that the OP-1 was BUMS degree holder and treated negligently with allopathic medicines, which caused the death of the patient. Being aggrieved, patient's husband filed the Complaint before the District Forum.

(3.) The OPs remained absent before the District Forum despite opportunities, therefore, the District Forum proceeded ex-parte against the OPs.