RAKESH Vs. DEEP HOSPITAL

JUDGEMENT

(1.) This revision is directed against the order of the State Haryana dated 10.09.2009 10.09.2009 whereby the State Commission relying upon the judgment of the Supreme Court in the matters of Martin F D Souza Vs. Mohd. Ishfaq, 2009 1 CPJ 32, Jacob Mathew Vs. State of Punjab, 2005 6 SCC 1 as also State of Punjab Versus Shiv Ram & Ors, 2005 7 SCC 1 allowed the appeal preferred by the respondents and dismissed the consumer complaint filed by the petitioner.

(2.) Briefly stated, the facts relevant for the disposal of the revision petition are that on 12.01.1999 complainant approached Dr.Ajay Aggarwal with the complaint of stomach ache. The complainant was subjected to ultrasound test which revealed that he was having problem of inflamed appendix. Thus, the respondent Dr.Ajay Aggarwal operated upon the complainant on 14.01.1999 at the respondent no.1 hospital. Despite of having undergone surgery and follow up treatment till 01.02.1999, the stomach ache of the complainant persisted. Thus, the complainant visited Batra Hospital and Medical Research Centre on 03.02.1999. The doctors at Batra Hospital after examination found that there was pus formation in the area operated upon and advised him to undergo another surgery. The complainant as per advice of the doctors of Batra Hospital underwent surgery and he was treated there from 03.02.1999 to 28.02.1999. It is the case of the complainant that the respondent doctor was negligent in conducting surgery and post operative care. Respondent no.3 was impleaded as party being the insured.

(3.) Respondent opposite parties resisted the complaint and pleaded that respondent no.2 is a qualified doctor and petitioner complainant was treated with due care and caution.