LAWS(NCD)-2017-3-95

BALJIT SINGH Vs. KUMAR HOSPITAL, PUNJAB

Decided On March 07, 2017
BALJIT SINGH Appellant
V/S
Kumar Hospital, Punjab Respondents

JUDGEMENT

(1.) This revision is directed against the order of the State Commission Punjab dated 01.02.2016 in appeal no. 319 of 2013.

(2.) Baljeet Singh, the petitioner herein has filed the consumer complaint against the opposite parties on the allegation that on 28.01.2012 at about 30 p.m. the complainant sustained fracture on his right arm in an accident. The complainant was taken to the hospital of the opposite parties where he was admitted on 28.01.2012 at around 4.00 p.m.. OP No.2 conducted surgery and set the bone and fixed it with screw and plates. After the surgery, x-ray was done on 03.02012 and plates and screws were found to be in place. According to the complainant on 10.04.2012 he went to the hospital run by Punjab Health System Corporation because of complaint in the arm. The said corporation advised the complainant to go to PGI at Chandigarh because they did not have necessary equipment for the second surgery. According to the complainant, Op No.2 was negligent in performing surgery as a result of which the fracture did not heel. Thus, he filed consumer complaint in the District Forum.

(3.) Opposite party on being served with the notice resisted the complaint by filing written statement. It was alleged that surgery was done with utmost care and bone was set right with plates and screws, which fact was confirmed by the subsequent x-ray report. It was pleaded that it is possible that complainant's injury did not heal because he suffered some accident or did not follow the instructions given at the time of discharge.