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S.K.DUBEY, B.L.KHARE
NARENDRA SINGH RASTOGI – Appellant
Versus
SHASKIYA GYARA PANCH TRUST – Respondent


Advocates:
Counsel for the Parties :
For the Complainant :Mr. Deepesh Joshi, Advocate.
For the Opposite Parties :Mr. H.P. Budholia, Advocate.

ORDER

Mr. Justice S.K. Dubey, President—This is a complaint under Section 17(a)(i) of the Consumer Protection Act, 1986 (for short the ‘Act’), to claim the compensation of Rs. 10,50,000/- from the opposite parties for medical negligence in administering wrong treatment of cancer of urinary bladder.

2. Facts giving rise to this complaint are thus : the complainant is a government servant. The opposite party No. 1 is a Government Cancer Hospital known as “Shaskiya Gyara Panch Trust Cancer Hospital”. The complainant averred that he developed some urinary problems heamaturia in the year 1992. He was diagnosed in the hospital of opposite party No. 1 as a case of cancer of urinary bladder. After biopsy and histopathological examination, the treatment was administered including chemotherapy and radiotherapy for which he was admitted as an indoor patient for a period of 13-14 days from 17.3.1992 to 26.3.1992. After treatment, he became normal and joined his service without any medical problem. Suddenly, in the year 1996 he developed a complaint of difficulty in passing of the urine. He contacted Dr. Sanjay Shinde, a Urologist of Suyash Hospital, Indore who gave treatment and put catheter in
































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