J.B. Garg, President - Sh. Kuldip Singh Dhillon a retired Under Secretary to Govt. of Punjab had been experiencing difficulty in his left foot and stumbled over shall objects while walking. He came to Post Graduate Institute, Chandigarh where he was first of all examined by Dr. Sachdeva and he discussed the ailment of the patient with Professor Chopra and the latter advised that the patient should undergo myelogram which in other words consists of a radiograph of spinal canal and also recommended C.T. Scan on 6.3.1989. The complainant deposited a sum of Rs. 550/- for the aforesaid two tests in the P.G.I., Chandigarh and after the C.T. Scan its report was delivered to the complainant. On 10.7.1989 Dr. Prabhakar referred the complainant to Neuro Surgery Department where three other doctors recommended Cisternal Myelogram and C.T. Scan. It was on 11.10.1989 when the complainant was undergoing the Myelogram and C.T. Scan under the supervision of Dr. Anil Sharma and Dr. Chang, he suddenly collapsed with a paralytic attack and became unconscious. The further part of the aforesaid test was abandoned which finds mention in the admission note dated 11.10.1989. He was shifted to the emergency O.P.D. and on the advice of Dr. S.N. Mathuriya he was admitted to Trauma Ward, where his condition deteriorated further. It has been alleged that the respondents have recorded a wrong report that the complainant moved, while he was in the process of C.T. Scan on 11.10.1989. The complainant was required to take and continue liquid diet till 25.7.1990 and he remained admitted in the Trauma Ward till 13.10.1989. Thereafter he shifted to the private ward, wherefrom he was discharged on 31.8.1990. It has been alleged that it was on account of callousness and negligence of the doctors of P.G.I., Chandigarh that the complainant is now suffering from complete left side paralysis and his speech has also been affected. Though he was also referred to the Speech Three-part of the E.M.T. Department but it was or no avail.

The complainant paid a sum of Rs. 38,680/for the private ward, Rs. 1,130/- for the laboratory tests and other payments were also made in respect of the C.T. Scans and Myelogram and also in respect of the charges of the various X-rays and E.C.Gs. etc. The complainant is facing great physical and mental agony, torture and paid on account of the deficient service provided by the respondents. He has claimed a sum of Rs. 7,00,000/- for the mental agony, pain and torture suffered at the hands of the respondents and also the refund payments in respect of the sum of Rs.2,00,000/- spent by him on the treatment.

2. The respondent has filed a reply wherein it has been averred that Post Graduate Institute of Medical Education and Research, the respondent is a Government Hospital owned and controlled by the Central Government and the services rendered are free and there is no element of profit and the Complainant is not a 'Consumer within the meaning of section 2(1)(d)(ii) of the Consumer Protection Act, 1986.

3. On merits it has been averred that the age of the complainant was 69 at the time of admission and the Myelogram and C.T. Scan tests were advised by Dr. J.R. Chopra. The O.P.D. record shows that the patient was referred to Neuro-surgery by Dr. Prabhakar on 10.7.1989 and Prof. Kak was also associated on 21.7.1989. It has further been averred that when the Myelogram and C.T. Scan was being performed on the complainant the patient had bouts of cough and was restless. The procedure was abandoned by the doctors immediately. It was denied that the patient collapsed with paralytic attack or became unconscious during the procedure. The complainant suddenly moved during the procedure which may be on account of his age and it was as a matter of precaution and the compulsion that the test was abandoned. The patient was given best treatment thereafter. There was no negligence on the part of the doctors and he was ultimately shifted to the private ward on 31.