Mr. Jasbir Singh, Member—The challenge in this appeal is to the order of the District Forum, Jalandhar dated March 5, 1998 whereby the complaint of complainant/appellant has been dismissed.

2. The brief relevant facts necessary to be mentioned for determining controversy are few. The complainant Sh. N.S. Sahota (Retd. P.C.S. Officer), husband of late Smt. Parkash Kaur alleged that his wife was admitted in the respondent’s hospital on 26.12.1991 and remained there upto 31.12.1991 and the opposite party, Dr. Mandeep Singh Sethi could not properly diagnose the disease of his wife and whatever treatment was given by him was not proper for the ailment of his wife. Hence the opposite parties were guilty of providing deficient services and negligent in giving wrong treatment to his wife. The appellant has asserted that opposite parties are liable to refund the amount paid to them besides the payment of compensation for damages for driving his wife to death alongwith interest @ 18% p.a.

3. The opposite parties filed their version and admitted the fact that Smt. Parkash Kaur came to New Ruby Hospital on 1.1.1992 where she was admitted as a case of Hypertension with NIDDM with Hyperglycemia with actute bronchitis with delirium. She was old heart patient with enlarged liver as was told by her relations attending her. At that time she was drowsy and had breathing problem and she did not complain of any pain in the chest or headache and was moving all the four limbs. She was investigated on that very day and proper medicines were given after proper tests. The condition of the patient started improving and was able to walk with a light support and she moved in the carridor on 5.1.1992. Her daughter who is also M.D. remained in the hospital and regularly watching the treatment and all the medicines and treatment were given with her consent. Her son-in-law Dr. Harmanjit Singh Heera who is also M.D. in chest diseases from Delhi came on 5.1.1992 just to check her up and he discussed the whole case with the opposite party No. 2 and was fully satisfied and approved the treatment given and diagnosis and investigations done on the deceased. Dr. Kuldip Kaur, M.D., was regularly watching the treatment of her mother and was satisfied with the treatment. Opposite parties denied if the condition of the patient continued to be deteriorating rather it was improving day-by-day. In fact the condition of the patient improved on the very next day, and she started taking food by mouth freely. Fluids which were given on the first day were stopped. Dr. Harminder Singh, M.D. Specialist, a family doctor of the complainant had referred the patient for admission with opposite party No. 1. According to him, he examined Smt. Parkash Kaur on 31.12.1991 at her home when she was discharged from Sethi Heart Hospital, Jalandhar. She was suffering from Diabetes Mellitus with Hypertension with Bronchopneumonia. He opined that the patient suffering from multiple problems like diabetes, hypertension and cardiomegly can collapse suddenly at any time without giving warning signs. Smt. Parkash Kaur died due to heart failure and as per history her diseases were such due to which her sudden collapse cannot be attributed to the negligence of the opposite parties. Both the parties led their evidence on affidavits and documents which resulted in passing the impugned order.

4. In appeal, the Counsel for the complainant pleaded that Dr. Mandeep Singh Sethi could not properly diagnose the deceased and he miserably failed to tell the real disease of the deceased. On two occasions of emergencies, one between 10.1.1992 and 11.1.1992 when deceased suffered severe heart problem, opposite party No. 2 Dr. S.P.S. Grover was out of station and it was only due to the efforts of Dr. Kuldip Kaur, daughter of the deceased that the patient Smt. Parkash Kaur (deceased) was saved on that day and on the occasion of second fatal emergency. On the intervening night of 12.1.1992 and 13.1.1992 when decease