Case nº Revision Petition Nos. 3051, 3225 and 3344 of 2012 of National Consumer Disputes Redressal Commission, February 03, 2014 (case 1. Yogesh, 2. Birender Singh Vs 1. Pawan Kumar Gupta, 2. Yogesh)

JudgeFor Appellant: Mr. Narender S. Yadav, Advocate in RP 3051/2012, Mr. Vivek Sharma, Advocate in RP 3225/2012 and Mr. Sonam Sharma, Advocate in RP 3344/2012 and For Respondents: Mr. Narender S. Yadav, Advocate for the Respondent No. 1 in RP 3225 and 3344/2012, Mr. Vivek Sharma, Advocate for the Respondent No. 1 in RP 3051/2012 and for the ...
PresidentJ.M. Malik, J. (Presiding Member)
Resolution DateFebruary 03, 2014
Issuing OrganizationNational Consumer Disputes Redressal Commission


J.M. Malik, J. (Presiding Member)

  1. This order shall decide above mentioned three revision petitions which pertain to the same incident and arise out from the same common judgment rendered by the State Commission. Sh. Yogesh, the complainant in this case, fell down from the Cantilever/Chhajja and received multiple injuries and fracture in his leg on 2.4.1999, at about 4.00 p.m. He was taken to 'Aman Hospital', run by Dr. Pawan Kumar Gupta, O.P. 1. His right leg was plastered. The complainant was advised to come after 5 days. The complainant suffered a lot of pain, on 4.4.1999 and approached O.P. 1. However, O.P. 1 was not available in the hospital. The parties invited my invitation towards medical record, from Aman Hospital, which runs as follows:

    Date: 2.4.1999

    Mr. Yogesh

    20 years, Male

    Fracture Calcaneus (Right)

    Sedation, Close Reduction Dose

    Plaster of paris back slab applied

    Possibility of open Reduction/Internal

    Fixation/Late Subtalar



    X-ray after 2 days--Raise the part--Toe Movements

    10 days--Tablet Orthodes (15)

    POP illegible (0-0-0 thrice daily) x 5 days.

  2. Thereafter, the complainant was taken to Dr. Birendra Singh of 'Amrit Clinic', O.P. 2. O.P. 2 x-rayed the right leg of the complainant and then inserted a pin for hanging weight and also operated the leg of the complainant. O.P. 2 advised the complainant for blood transfusion on the next day, i.e., 5.4.1999. The second certificate is of Amrit Clinic. The relevant portion, rims as hereunder:

    Amrit Clinic

    Mohna Road, Ballabgarh-121004

    Name: Mr. Yogesh

    Age: 20 years, Sex: Male

    Date: Address:

    Apart from x-ray, treatment of all diseases of bones, joints, muscles, nerves by medicines, plaster & operation is done here.

  3. The complainant's blood was transfused by Dr. Naresh Jindal of Uncha Gaon, OP, at the residence of the complainant, with the help of Dr. Birendra Singh, O.P. 2. Subsequently, O.P. 2 advised him for getting treatment from any Government Hospital. The foot started foul smell on 6.4.1999 and pus cells were also present in bulk. The complainant called up Dr. Naresh Jindal and Dr. Birendra Singh. Dr. Birendra Singh took forcibly the papers belonging to his treatment, along with X-ray report. The envelop of X-ray was left with the complainant. Trilok Chand and Ratan Kumar, brothers of the complainant were also present there and they informed the father of the complainant that Dr. Birendra Singh had taken away the medical papers.

  4. Father of the complainant took the complainant to Holy Family Hospital, New Delhi, as the complainant was in a precarious condition. Holy Family Hospital referred him to AHMS, New Delhi and from AIIMS, New Delhi, he was shifted to Safdarjung Hospital, New Delhi. There is record of Holy Family Hospital, the relevant para runs as follows:

    Holy Family Hospita, New Delhi-25 Cellulitis--Advised under General Anaesthesia


    G-Cal--Blow knee amputation also--Wound Debridement



    Fracture right calcanium with ascending cellulites with gas gangrene.


    Admission in Orthopaedic ICU

    Regret No Beds Available

    Referred to

    All India Institute of Medical Sciences/Safdarjung Hospital.

  5. Safdarjung Hospital diagnosed that due to ill-treatment, gas-gangrene was reported with the foul smell, along with pus cells. There is a Discharge Slip from the Safdarjung Hospital, New Delhi, placed on record, as Annexure P-9. The following extract is germane to the present controversy.


    Yogesh Unit II, Tue, Fri
    21/M DOA (date of admission)

    HRD163171-DOD (date of discharge)--17.4.1999



    Gas shadow c (with) # (Fracture) Calcaneus


    B/K (Below knee) amputation right


    A/K (Above knee) right amputation done (as muscles not viable upto knee) on 6.4.1999

    in EOT (Emergency Operation Theatre)

    Guillotine Amputation (amputation done

    with open wound).

    Post O.P. (Post Operative)


    Daily ASD (antiseptic dressing) done

    Wound healthy at the time of discharge

    AGGS (anti gas gangrene serum) given

    ATS (anti tetanus serum) given.

  6. Unfortunately, the leg of the complainant, below the knee, had to be amputated to save the life of the complainant. The complainant had to spend...

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