SAROJANI Vs. MOHD. ZUBAIR

JUDGEMENT

(1.) The present Revision Petition has been filed under Sec. 58 of the Consumer Protection Act, 2019 (the "Act") against the Order of U.P. State Consumer Disputes Redressal Commission ("State Commission") dtd. 7/11/2019 in First Appeal No. 1075/2008 allowing the appeal of the Opposite Party (OP) and setting aside the decision of the District Consumer Dispute Redressal Forum Allahabad ("District Forum") dtd. 3/5/2008 in CC No. 284/2005.

(2.) For convenience, the parties are referred to as placed in the original Complaint filed before the District Forum.

(3.) Brief facts of the case as per the Complainant, are that at about 01:00 AM on 24/8/2004, she brought her daughter to the OP's nursing home, with complaints of stomach pain, fever and an intestinal ulcer. She deposited Rs.5,000.00 towards initial treatment. The patient was admitted to the OP hospital for treatment. It is the allegation of the Complainant that, after administering her daughter a glucose injection, the Complainant was told to deposit an additional sum of Rs.12,000.00 on the ground that her daughter required an urgent surgical procedure. As the Complainant was unable to furnish the said amount immediately, her daughter was thereafter administered a life-expired glucose injection and a poisonous injection, which allegedly led to rapid deterioration in her daughter's medical condition, ultimately resulting in her death in the morning hours of 25/8/2004. The Complainant further alleged that her request to meet OP-1 to ascertain the reasons was denied. Further, despite her repeated demands, she was not provided with the treatment records or any related information. Aggrieved by the alleged deficiency in service and medical negligence, she approached the Consumer Forum.