Mr. N.K. Vaidya, Member—This is a complaint under Section 12 read with Section 17 of the Consumer Protection Act, 1986 (for short ‘the Act’), wherein the complainant has asked for a compensation of Rs. 12,07,679/- from the opposite parties for deficiency in medical service provided to the complainant’s wife, who after treatment, died on 11.9.1995 at the hospital of opposite party No. 3.

The undisputed facts of the case in brief are as under :

(i) That the complainant is husband of late Smt. Pramila Kohli who died on 11.9.1995.

(ii) That the patient late Smt. Pramila Kohli was examined by opposite party No. 2-Dr. Y.R. Krishna on 18.3.1995 and was advised to undergo surgical operation.

(iii) Late Smt. Pramila Kohli was operated on 23.3.1995 by Dr. Y.R. Krishna at Bajaj Nursing Home, Bilaspur, i.e. opposite party No. 3. The gall bladder of the patient was removed by laparoscopic method, technically termed as “Laparoscopic Cholecystactomy”. The patient remained admitted in the hospital till 1.4.1995.

(iv) That the patient was again attended by opposite party No. 2-Dr. Y.R. Krishna on 4.4.1995 and remained admitted in Dr. Rajesh Sharma’s Nursing Home from 8.4.1995 to 14.4.1995 under su