LAWS(NCD)-2017-5-22

JAIRAM SAHU Vs. CHANDULAL CHANDRAKAR MEMORIAL HOSPITAL

Decided On May 25, 2017
Jairam Sahu Appellant
V/S
Chandulal Chandrakar Memorial Hospital Respondents

JUDGEMENT

(1.) This revision petition is directed against the order of the State Commission, Chhattisgarh dated 20.05.2016 whereby the State Commission allowed the appeal of the respondent/opposite party, set aside the order of the District Forum and dismissed the complaint.

(2.) Briefly stated facts relevant for the disposal of the revision petition are that the petitioner filed consumer complaint in the District Forum concerned alleging that his sister-in-law Smt. Purnima Devi was admitted for treatment in opposite party hospital on 24.1.2014. As patient was critical she was kept for treatment in ICU from 24.1.2014 to 29.1.2014 when she was discharged although she was unwell. Smt. Purnima Devi died on 30.1.2014. According to the petitioner/complainant during her treatment Smt. Purnima Devi was administered expired medicines procured from the pharmacy of the opposite party hospital.

(3.) The opposite party on being served with the notice of the complaint filed the written statement controverting the allegations of using expired medicines for the treatment of Smt. Purnima Devi. Opposite party pleaded that Smt. Purnima Devi was brought to the opposite party hospital on the night of 24.1.2014 in a critical condition. She was, therefore, admitted in ICU and her treatment was started immediately. On 29.1.204 a family member of the deceased Smt. Purnima Devi got her discharged against medical advice. According to the opposite party, best possible treatment was given to Smt. Purnima Devi and no expired medicine was given nor any expired disposable was used during treatment.