A.A. Halbe, President The complainant, Shri Altaf Hussain Farooqui, has filed this complaint for recovery of refund of professional charges and compensation of Rs. 11,11.650/ - paid to the Opposite party Nos. 1. 2 & 3 for the gross negligence in the treatment of his Wife Smt. Ansari Bano Farooqui aged about 26 years between 24-6-1993 to 19-8-1993, the dale on which Smt. Ansari died in the Jaslok Hospital & Research Centre being Q.P. No.3. The wife of Complainant had complained of pain in her stomach and she was advised by the family Dr. Qureshi to submit to a sonography test. On the basis of Sonography report, the family Doctor Kasi referred Ansari to O.F. No.1. who is a known surgeon. practicing in Bombay. On 29-6-1993 both husband and wife visited O.P. No. I. Dr. Mathure, who fixed the date of operation for cholelithias "(removal of stone from the gall bladder) on 2-7-1993. The operation was performed by Dr. Mathure on the scheduled date 2- 7 -1993 at Diamond Nursing Home. The fees were paid for this operation to Opposite party No., 1. After about two days of the operation. Ansari began to feel uneasy and told her husband that she was feeling full of water in her abdoman/stomach and that her stomach was bloated/swollen due to the said liquid. Dr. Mathure wanted to change the dressing over the operated part of the body and he noticed the yellow liquid but it is contended by the complainant that Dr. Mathure attributed this feeling of fullness to gas formation in the stomach. On the other hand Doctor advised Ansari that she could eat anything including Birayani. keema pao etc. He left for abroad on 17-7-1993 and the complainant felt disturbed because his wife was not completely cured and continued to the feeling of liquid in her abdomen. As no substitute Doctor was available at the dispensary of Dr. Mathure, the complainant took Ansari to the consulting room of Opposite party No.2. Dr. A.R. Undre. Dr. Undre immediately advised admission of Ansari to the ICU of Jaslok Hospital & Research Centre the O.P. No.3. as condition of Ansari was found to be serious and that the swollen abdomen started expanding due to excess of fluid. Dr. Undre attempted to drain fluid(bile) by draining out the same with the help of tube. However, Dr; Undre informed the complainant that the bile flow could not stop and that the condition of Ansari was very serious. Some surgical intervention was done by Dr. Undre, but the complainant has contended that his wife died on 19-8-1993 at Jaslok Hospital. This death should be attributed to the negligence of Dr. Mathure. Dr. Undre and Jaslok Hospital for negligence in draining out bile from the abdominal cavity of Ansari. The complainant had paid Rs. 7.650/to Dr. Mathure for the treatment and further paid around Rs. 1lakh to O.P. 2 and 3. For the death of his wife the complainant claimed the total compensation of Rs. 11. 11.650/ - which includes the refund of the fees and expenses incurred at the hospital.

2. Opposite party No. 1 has filed the written statement and has stoutely opposed the so-called alleged negligence on his part in performing the operation of gall bladder and the post operative care. According to him there was no leakage of liquid from any perforation or surgical injury. The oozing of bile was from the raw area of gall bladder fossa of the liver. The operation was un-eventfull. The Sonography report before the operation indicated that the condition of Ansari was quite normal and that she was on full diet. According to Dr. Mathure. Ansari was suffering from cholelithiasia(i.e. stones in infected gall bladder). The entire gall bladder was removed to prevent further creation of stones in the gall bladder, and for that purpose there was removal of gall bladder with stone which operation is called cholecystectomy. According to him the oozing of bile could takes place after surgical in tervention for number of reasons and that this oozing was efficiently managed by him. The sonography test clearly