P.D. HINDUJA NATIONAL HOSPITAL AND MEDICAL RESEARCH CENTRE AND DR. SANJAY AGARWALA Vs. VEERA ROHINTON KOTWAL AND ANOTHER

JUDGEMENT

(1.) Mrs. M. Shreesha, Member - Aggrieved by the order dated 9.12.2014 in C.C. No. 98/55 passed by the State Consumer Disputes Redressal Commission, Maharashtra (in short, 'The State Commission'), Opposite Parties 1 and 3 have preferred Appeal Nos. 507 and 521 of 2015 respectively, under Section 19 of the Consumer Protection Act, 1986 (in short, 'the Act'). By the impugned order, the State Commission has partly allowed the Complaint directing the Appellants, jointly and severally to pay an amount of Rs. 18,08,000 to the Complainant with interest @ 9% p.a., within 60 days from the date of the order till the date of realization, failing which, the rate of interest shall be payable @ 12% p.a., together with costs of Rs. 50,000.

(2.) For the sake of convenience, the Complainant is hereinafter referred to as 'the patient'; OP-1 as 'the Hospital', OP-2 as the 'treating doctor' and OP-3 as 'Dr. Agarwala' (the Opposite Parties, as they are arrayed in the Original Complaint). The brief facts as set out in the Complaint are, that on 15.2.1996, the patient consulted the treating doctor, with a complaint of pain in her knees at his consulting room at Patel Chambers, Mumbai. After examining the patient, the treating doctor advised her to undergo an operation for replacement of the left knee joint as it was causing severe pain with every movement. On 1.3.1996, an X-Ray of the left knee joint was taken and the same was shown to the treating doctor. The patient and her husband were advised to get the operation done in the first Opposite Party Hospital. They were further informed that as the treating doctor had already performed several such joint replacements, there was no need to be worried and no other prognosis was explained to the patient. As the operation theatre of the hospital was available on 29.3.1996, the patient was informed that she needed to be admitted on 27.3.1996 for pre-operative investigations. When the patient and her husband asked the treating doctor, details regarding the fee and the post-operative care, they were informed that the hospital had standard charges and that Median, 'A' or special class should be selected.

(3.) Accordingly, on 27.3.1996, at about 2.00 p.m. a deposit of Rs. 1,30,000 was made and the patient was admitted in the hospital. All pre-investigative tests viz., X-Ray and E.C.G. were conducted under the directions given by Dr. Chakravarthy. On 28.3.1996, the physician and Dr. Agarwala visited the patient, examined all the pre-investigative reports and reported her fit for surgery. On 29.3.1996, at about 8.30 а.m., the treating doctor assisted by Dr. Agarwala performed the surgery of total replacement of left knee under General Anesthesia. The left leg was put in a plaster which was removed on 6.4.1996 by Dr. Chakravarthy. During the period from 30.3.1996 to 6.4.1996, it was averred that the patient repeatedly complained of constant pain in the operated area and in the left leg for which Cap. Tramazac, Tab. Voveran, Tab. Famotin, Cap. Becosules, Inj. Voveran, Tab. Raricap, Tab. Durcolax and Inj. Tramazac were given.