THE CHIEF MEDICAL OFFICER Vs. RAMESH CHAND SHARMA

JUDGEMENT

(1.) THE present Revision Petition has been filed before this Commission under Section 21(b) of the Consumer Protection Act, 1986 against the impugned order dated 01.07.2008 in Appeal No. 797/2005 passed by the State Consumer Disputes Redressal Commission (in short, 'State Commission'). The State Commission partly allowed the Appeal filed against the order in Complaint No Consumer Complaint 615 of 2003 dated 28.06.2005 passed by the District Consumer Disputes Redressal Forum, (in short, 'District Forum').

(2.) THE main issue of medical negligence was alleged by the complainant Mr. Ramesh Chand Sharma who suffered triple vessel disease (TVD) of heart; against the OP Dr. Ashok Seth (Interventional Cardiologist) who took a decision to perform angioplasty instead of CABG. It was an intentional, wrong decision in order to extract money. Thus the District Forum, Delhi has directed the OPs to refund the Complainant, an amount of Rs. 2,82,265/ -, paid as entire cost of operation, along with Rs. 1,00,000/ - for mental agony and Rs. 3,000/ - as costs of litigation.

(3.) THUS , aggrieved by the order of State Commission the OPs filed this revision.