HEMA MENANI Vs. MAHESH SHAH

JUDGEMENT

(1.) This appeal under Sec.15 of the, is directed against the order dated 8.11.2004 in Complaint No.110/2004 passed by the District Consumer Disputes Redressal Forum Raipur (hereinafter called 'district Forum, for short) whereby the complaint was dismissed.

(2.) Brief facts necessary for disposal of this appeal are that the complainants are the children of the deceased Smt. Radha Bai Menani who had suddenly fainted on 21.4.2003 and was taken as to who advised to admit the patient to the nursing home of Dr. Rajesh Kalra but as necessary facilities were not available at the said nursing home the patient was admitted to the nursing home of O. P. Doctor at about 10.30 a. m. on 21.4.2003.

(3.) It is alleged in the complaint that O. P. Doctor, after examining the patient, told the relatives of the patient that it is a case of poisoning and it will be necessary to inform the police. It is further submitted that the relatives requested the O. P. doctor to start the treatment urgently after completing necessary formalities. The doctor asked them to deposit Rs.10,000. However, the relatives deposited Rs.8,000 on 21.4.2003. It is also alleged in the complaint that there was no improvement in the condition of the patient till 10.00 p. m. and the relatives called Dr. R. S. Sharma who enquired from O. P. doctor as to what medical tests he has conducted and the O. P. doctor had told him that no test was conducted. It is also alleged that on 22.4.2003, the O. P. doctor again demanded Rs.5,000 but failed to tell the relatives of the patient as to what for the said amount was required. It is further alleged in the complaint that after contacting Dr. Ashish Malhotra the relatives of the complainant demanded relevant papers relating to the treatment from the O. P. doctor. However, the O. P. doctor tore the said papers into pieces and kept the said pieces in his mouth and chewed them. The relatives of the patient suspected that there was something wrong. The doctor wrote another paper/prescription and the relatives took the patient to Dr. Ashish Malhotra's nursing home on 22.4.2003 at about 11.30 a. m.