AJAY SHARDA Vs. RAKESH GULATI

JUDGEMENT

(1.) This order shall decide both the Revision Petitions filed by the Petitioners under Sec. 21(b) of the Consumer Protection Act, 1986 (the 'Act') against impugned order dtd. 15/12/2016, passed by the State Consumer Disputes Redressal Commission, Haryana ('State Commission') in First Appeal No. 746 of 2014, whereby the appeal filed by the Complainants (Respondent No. 1 to 3 herein) was allowed and setting aside the Order dtd. 18/7/2014, passed by the District Consumer Disputes Redressal Forum, Hisar ('District Forum') in Consumer Complaint No. 372 of 2009.

(2.) For convenience, the parties are referred to as placed in the original Complaint. Mr. Rakesh Gulati, Deepak Gulati and Rekha Gulati are referred to as the Complainants (Respondent No. 1-3 herein). Dr. Ajay Sharda is referred to as the OP-1 (Petitioner in RP/2798/2017 and Respondent No. 4 in RP/3409/2017), Dr. Mona Dua and Dr. Anju Yadav are referred to as the OP No. 2 and 3 (Respondent no. 5 and 6 herein). United India Insurance Company Limited -Insurer to the doctors is referred to as the OP-4 (Petitioner in RP/3409/2017 and Respondent No.4 in RP/2798/2017).

(3.) The brief facts of the case, as pert the Complainant, are that the LRs of the deceased Smt. Raj Kumari, aged about 60 years ('the patient' or 'the deceased') who on 4/2/2009 experienced abdominal pain and sought consultation with Dr. Girdhar in Hisar, who prescribed medication. On the next day, 5/2/2009, Dr. Girdhar prescribed a Vovran injection suspecting a possible stone-related issue and advised consulting a surgeon. While the injection initially provided relief, the patient's continued pain led to consulting Dr. Ajay Sharda (OP-1) at Sharda Nursing Home in Hisar on 6/2/2009. Dr Sharda advised discontinuing previous medicines and prescribed his own prescription and suggested an ultrasound due to the patient's deteriorating condition. On 7/2/2009, Dr. Anju Yadav (OP-3) conducted the ultrasound. Upon reviewing the ultrasound report, OP-1 recommended continuing his prescribed treatment. However, the patient's condition worsened, leading to night-time vomiting and subsequent hospitalisation. At 11:00 AM the next day, OP-1 diagnosed intestinal swelling, suggesting medication from his earlier prescription would resolve it. Despite treatment, the vomiting persisted. On 9/2/2009, OP-1 called Dr. Rajesh Mehta, a physician, who prescribed additional medication, yet the vomiting persisted. OP-1 then advised the Complainants to consult Dr. Ajay Singh at Holy Help Hospital, Hisar. Accordingly, they took the patient to Dr. Ajay Singh, who recommended Laparoscopic Surgery after 48 hours, in coordination with OP-1. On 13/2/2009, OP-1 confirmed performing Laparoscopic Surgery on 14/2/2009, explaining a small incision near the 'Nabhi' to clear intestinal blockage, estimating 30 minutes procedure. On 14/2/2009 at 2.00 PM surgery was done and OP-1 reported her stable condition post-surgery. However, later, oxygen cylinders were seen being taken into the operating theatre due to a respiratory problem with the patient. Subsequently, the patient was shifted to Holy Help Hospital's ICCU on a ventilator upon Dr. Ajay Singh's advice, who indicated a 50-50 chance of survival.