RATANMANI KESHARWANI Vs. DR. RAJSHEKHAR KRISHNA

JUDGEMENT

(1.) This Revision Petition is filed under Sec. 21 of the Consumer Protection Act 1986 ("the Act") against the order dtd. 17/10/2017 passed by the Chhattisgarh State Consumer Disputes Redressal Commission ('State Commission') at Raipur in FA No. 385 of 2017 & FA 414 of 2017. In the impugned order dtd. 17/10/2017, the State Commission allowed the Appeals and set aside the District Consumer Disputes Redressal Forum, Bilaspur ('District Forum') order dtd. 3/4/2017 in CC No. 176 of 2006.

(2.) For the 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 his wife, Shanti Bai, was suffering from a uterine problem. Initially, he and his wife had consulted Dr. Shikha Mitra, who advised a sonography test. On 3/5/2004, Dr. Shaileja Ghosh conducted the sonography test, and based on the test results, Dr. Shikha Mitra prescribed medication, which provided Shanti Bai some relief for about three months. When the symptoms recurred, Shanti Bai consulted Dr. YR Krishna (OP-1) at KIMS Hospital, Bilaspur, on 26/9/2004. After reviewing the previous medical reports and treatment, OP-1 informed Shanti Bai and her family that her condition was critical and an urgent operation was necessary to save her life. Shanti Bai was admitted to KIMS Hospital on 27/9/2004. On 28/9/2004 at around 10:00 A.M., OP-1 performed the operation. Shanti Bai remained hospitalized until 2/10/2004, after which OP-1 had discharged her, stating that she had fully recovered. After discharge, Shanti Bai experienced various health complications. Her condition deteriorated further on 6/10/2004, prompting the family to take her back to KIMS Hospital. OP-1 admitted her and initiated treatment. On 8/10/2004, at 12:00 P.M., OP-1 informed the family members that an infection had developed in Shanti Bai's uterus. OP-1 admitted that the infection was severe and beyond his control and it was caused due to his negligence during the operation. Distressed by this development, the family rushed Shanti Bai to Apollo Hospital, Bilaspur, where she was treated until 23/10/2004. Despite medical efforts, Shanti Bai passed away on 23/10/2004. It is the case of the complainant that her death was due to negligence and deficiency in service on the part of OP-1 during the operation on 28/9/2004. According to the complainant, the condition of Shanti Bai was not so severe as to necessitate a surgery. OP-1 recommended surgery with ulterior motive of financial gain and OP 1's services were negligent and defective. Despite sending a legal notice to OP-1 on 29/11/2004, no response was received. Consequently, this complainant was filed.