SWAMI VIVEKANAND REGIONAL SPINE CENTRE Vs. DAULAT SINGH

JUDGEMENT

(1.) The complainant, Daulat Singh's wife, namely, Smt. Sagar Bai, was treated in the Swami Vivekanand Regional Spine Center (OP) from 18.08.2005 to 22.09.2005, for weakness in both her legs and no movement and incurred a total expenditure of Rs.50,000/-, for which no receipts were issued. After treatment, there was no improvement, the condition of patient became more critical. The OP did not refer the patient to other specialist or cancer hospital. Hence, the patient was brought back to the house, and she died on 22.09.2005. It was alleged that, OP fraudulently took Rs.50,000/- from complainant and misbehaved also. Hence, the complainant filed the complaint against the OP, before the District Consumer Redressal Forum, Bhopal, M.P. (hereinafter referred to as "District Forum).

(2.) The District Forum dismissed the complaint, whereas the Madhya Pradesh State Consumer Disputes Redressal Commission, Bhopal, M.P. (hereinafter referred to as "State Commission") allowed the first appeal No.1957/2008 filed by the complainant and awarded compensation of Rs.2,00,000/- and Rs.10,000/- towards legal expenses. Aggrieved by the impugned order of the State Commission, the OP/petitioner filed this revision petition.

(3.) We have heard the counsel for the parties. Counsel for complainant argued the matter on 09.02.2015. The counsel for petitioner argued the matter on 21.05.2015. Counsel for OP submitted that, prior to the admission in OP hospital, the patient delivered a baby, four days' back. She was admitted with complaints of acute onset of weakness in both her legs after delivery. After proper investigations, it was diagnosed as D6 vertebral tumor (Metastatic Adenocarcinoma), for which she was operated on 20.08.2005, by Dr. Sunil Pandit at OP. The Histopathology report confirmed it as metastatic adenocarcinoma. The patient was treated with medicines and dressing of wound. The patient needed chemo/ radiotherapy; but it was not available with OP. As the complainant was unable to pay fees, for further treatment, the patient was discharged, on 22.9.2005. Thereafter, the complainant never turned-up for check-up.