MODAK MEDICAL HALL Vs. BARNA SAHA

JUDGEMENT

(1.) This Order shall decide both Revision Petitions Nos. RP/1482/2018 and RP/1717/2018 filed under Sec. 21(b) of the Consumer Protection Act, 1986 (the 'Act') arising out from the Order dtd. 9/3/2018 passed by the State Consumer Disputes Redressal Commission, West Bengal (the 'State Commission') in FA No. 642/2015. Allowing this appeal, the State Commission set aside the Order dtd. 28/4/2015 passed by the District Consumer Disputes Redressal Forum, Alipore ("District Forum") in CC No. 475 of 2014, while directing OP-1 and 2 to pay Rs.5,00,000.00 and Rs.2,00,000.00 respectively as compensation for mental agony and Rs.5,000.00 each as litigation cost to the Complainant. Additionally, OP-2 was directed to refund to the Complainant Rs.42,783.00 received by him as cost of treatment. All amounts were directed to be paid along with interest @ of 9% per annum for the entire period of default.

(2.) For convenience, the parties are referred to as placed in the original Complaint filed before the District Forum. The Dr DK Samanta is referred as OP-1 and the Petitioner Modak Medical Hall and Dr. D.K. Samanta are referred to as OP-1 and OP-2 respectively. While the Respondent, Smt. Barna Saha is denoted as Complainant.

(3.) Brief facts of the case are that the Complainant took her 13 years old son to OP-1 on 28/6/2014 for treatment of high fever and cough, paying Rs.500.00 without receiving a receipt. OP-1 prescribed medicines without noting clinical symptoms/provisional diagnosis. From 28/6/2014 to 4/7/2014 her son's condition worsened with more symptoms such as skin eruptions on foot sole, palm, and genital area, as well as reddish eyeballs and lips. On 5/7/2014, OP-1 diagnosed the child as the case of chickenpox, without recording symptoms or calling for any laboratory tests. She contended that, upon administration of medicine, the condition of her son deteriorated further. She then took her son to another doctor who diagnosed him with Steven Johnson Syndrome and advised immediate hospitalization. She admitted her son to BP Poddar Hospital from 7/7/2014 to 16/7/2014, incurring Rs.42,783.00 as expenses. OP-1 was negligent and failed to apply proper skill. The prescriptions dtd. 28/6/2014 and 5/7/2014 lacked proper clinical notes, leading to a misdiagnosis. Hence, alleging deficiency in service and negligence.