Appeal No. FA/2016/560. Case: Suresh Yadav Vs Kirti Baghel. Chhattisgarh State Consumer Disputes Redressal Commission
| Case Number | Appeal No. FA/2016/560 |
| Counsel | For Appellant: R.K. Bhawnani, Adv. and For Respondents: Dudhnath Barle, Power of Attorney Holder |
| Judges | R.S. Sharma, J. (President), Heena Thakkar, D.K. Poddar and Narendra Gupta, Members |
| Issue | Consumer Law |
| Judgement Date | January 09, 2017 |
| Court | Chhattisgarh State Consumer Disputes Redressal Commission |
Order:
R.S. Sharma, J. (President), (Raipur)
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This appeal is directed against the order dated 06.08.2016, passed by the District Consumer Disputes Redressal Forum, Rajnandgaon (C.G). (henceforth "District Forum" for short), in Complaint Case No. 15/2015. By the impugned order, learned District Forum, has allowed the complaint of the complainant and directed that:-
(01) The O.P. will pay within a period of one month from the date of order, a sum of Rs. 10,00,000/- (Rupees Ten Lakhs) along with interest @ 06% p.a. from the date of filing of the complaint i.e. 19.03.2015 till date of payment, to the complainant.
(02) The O.P. will pay within a period of one month from the date of order a sum of Rs. 1,00,000/- (Rupees One Lakh) towards compensation for mental agony and Rs. 5,000/- (Rupees Five Thousand) towards cost of litigation, to the complainant.
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Briefly stated the facts of the complaint of the complainant are that the O.P. introduced himself as a doctor and he visited village to village for providing treatment. Due to introduction given by the O.P. on 16.10.2011, the complainant took her daughter Ku. Lahana Baghel to the O.P. at Village Somni, at that time Ku. Lahana Baghel was suffering from cold, cough and fever. The O.P. told the complainant that he is in hurry, therefore, directed her to bring the patient in his clinic and he gave address of his clinic to the complainant. The complainant went to the clinic of the O.P. along with her daughter Ku. Lahana Baghel on 16.10.2011 itself. The O.P. received a sum of Rs. 100/- as consultation fees from the complainant The O.P. gave prescription of medicines and also advised for x-ray of chest of Ku. Lahana Baghel. The complainant purchased medicines from the Medical Stores. The complainant also went to Dr. Kotadia's X-Ray Patho Clinic for x-ray on 17.10.2011 where Dr. Kotadia took X-ray of Ku. Lahana Baghel. The complainant again went to the clinic of the O.P. on 17.10.2011 along with x-ray report. The O.P. took a sum of Rs. 100/- as consultation fees from the complainant and after examining the x-ray report of Ku. Lahana Bahgel, he told the complainant that Ku. Lahana Baghel is suffering from Hilar Adenitis and he also told the complainant that medicines be taken regularly by Ku. Lahana Baghel for 9 months. The O.P. prescribed Mecoxkid tablet along with other medicines. The complainant regularly gave medicines to her daughter, as advised by the O.P. The O.P. also advised the complainant to bring her daughter before him after two months for follow check up. The complainant again went to the clinic of the O.P. on 31.01.2012 along with her daughter Ku. Lahana Baghel. The O.P. again took a sum of Rs. 100/- towards consultation fees from the complainant and advised to give medicines prescribed by him to Ku. Lahana Baghel and advised the complainant to bring the patient before him after 1 1/2 months. The complainant gave medicines to her daughter as advised by the O.P. The complainant again went to the clinic of the O.P. on 11.03.2012 and the O.P. again took a sum of Rs. 100/- as consultation fees. The O.P. advised for taking tablet Mecoxkid and to bring the patient after two months. The above medicine was given by the complainant to Ku. Lahana Baghel. On 18.05.2012, the complainant again went to the clinic of the O.P. The O.P. advised to continue the above medicine. Ku. Lahana Baghel had continuously taken above medicine for 9 months, but her health did not improve. Ku. Lahana Baghel had taken treatment from the O.P. from August, 2012 to January, 2013, but the O.P. did not gave prescriptions to her. The health of Ku. Lahana Baghel was not improved, therefore, the complainant took her daughter in the clinic of the O.P. at Rajnandgaon (C.G.) on 28.02.2013. The O.P. told the complainant that Ku. Lahana Baghel is suffering from cough, cold and fever along with Pneumona and prescribed medicines. The complainant gave medicines to Ku. Lahana Baghel, as advised by the O.P., but her health was not improved. The O.P. without obtaining pathological report gave treatment to Ku. Lahana Baghel. The health of Ku. Lahana Baghel, was not improved, but the O.P. did not refer her to child specialist. On 17.06.2013, the complainant took her daughter to Dr. D.L. Tamrakar, who is a Pediatrician. Dr. D.L. Tamrakar, after perusal of prescription and pathological report, told the complainant that Ku. Lahana Baghel is not suffering from Hilar Adenitis disease, but she is suffering from any other serious disease and the O.P. has wrongly prescribed medicines to her and treated in wrong direction. Dr. D.L. Tamrakar, referred Ku. Lahana Baghel to Jawaharlal Nehru Hospital & Research Centre, Sector 9, Bhilai (C.G.) (J.L.N Hospital, Sector 9, Bhilai) on 20.06.2013. Ku. Lahana Baghel was admitted in J.L.N Hospital, Sector 9, Bhilai on 20.06.2013. Dr. of J.L.N. Hospital, Bhilai told the complainant that Ku. Lahana Baghel is not suffering from Hilar Adenitis disease and the O.P. without obtaining pathology report advised for taking medicines for Hilar Adenitis. The health of Ku. Lahana Baghel was not improved, therefore, on 24.06.2013, J.L.N. Hospital, Sector 9, Bhilai referred her to higher centre for treatment. Ku. Lahana Baghel was take to Mittal Hospital, Raipur, but her health was not improved. Dr. Suman Mittal told the complainant that Ku. Lahana Baghel is suffering from Blood Cancer and she referred Ku. Lahana Baghel to Tata Memorial Hospital, Mumbai. The complainant went to Tata Memorial Hospital along with her daughter by air, where her daughter was admitted on 26.06.2013. The doctors disclosed that Ku. Lahana Baghel is not suffering from Hilar Adenitis and without obtaining pathology report tablet Mecoxkid, was prescribed to Ku. Lahana Baghel continuously for 9 months and the O.P. did not refer the patient to higher centre. Thus, the O.P. committed deficiency in service and unfair practice. The complainant suffered financial loss. The O.P. is not competent to treat the children. The O.P. did not possess degree or diploma and he is not competent to give allopathy treatment. The complainant obtained information from Dr. Praween Kumar Agrawal, District Health Officer. From the information given by him, it appears that the O.P. is not competent doctor to treat the disease Hilar Adenitis and the O.P. without obtaining pathology report, advised for taking medicines, which comes in the category of medical negligence, therefore, the complainant is entitled to get compensation as prayed by her in the complaint.
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The O.P. has filed his written statement and averred that the O.P. did not go to Somni and also did not tell the complainant to come to his residence. So far as prescription is concerned, the same has been given by the doctor. The medicines was given for cough and cold and instruction was given for x-ray on 16.10.2011. On 17.10.2011, medicines were given on the basis of Report of Dr. Gambhir Kotadia. Dr. Gambhir Kotadia is possessing degree in subject of X-ray. The Mecoxkid tablet was given to the patient to cure her from Hilar Adenitis disease after obtaining opinion of Dr. Gambhir Kotadia. The above medicine is given when there is inflammation in the lungs. The patient is not consuming medicines as per advice of the doctor. The remaining medicines are being given for increasing blood, to strengthen the bones, to increase appetite as appetizer and orally instruction was given to got examine the blood and urine in pathology. The O.P. did not take consultation fees. The O.P. prescribed the medicines on 31.01.2012 was for destroying creamy, increasing blood, and to increase to increase appetite as appetizer, which increased the resistance power of the body. The O.P. also instructed the complainant for x-ray of the chest, but the complainant did not comply his direction. On 18.05.2012 the O.P. prescribed medicine and also instructed the complainant for x-ray. On 25.02.2013 after examining the fever, the O.P. instructed the complainant for examination of cough, which was not complied by the complainant. The daughter of the complainant Ku. Lahana Baghel was treated at various places, but the complainant suppressed this fact. The O.P. told the complainant orally several time to take her daughter to specialist for treatment but the complainant had avoided to do so. On 17.06.2013, in the prescription slip of Dr. Tamrakar, there was direction for pathology test, but the complainant...
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