IMPORTANT POINT
A person who takes medical treatment gratuitously does not become a consumer of the doctor.

S.N. Aggarwal, President—Surinder Kaur respondent had severe pain in her left lower molar (tooth). Accordingly, on 14.3.2004, the respondent along with her husband Surinder Pal Singh went to the hospital of the appellants. In the morning of 14.3.2004, she was medically examined by appellant No. 2 and she was asked to come on the next day. On 15.3.2004, the respondent again went to the hospital of the appellants. On that day, appellant No.2 without taking X-ray, extracted two lower left side molar (teeth) of the respondent and without her consent. Appellant No.2 also failed to provide proper and adequate post extraction medical aid to the respondent. As a result, the lower portion of the left side face of the appellant got numbed and her face also got disfigured/swollen.

2. It was further pleaded that appellant No.2 had given full assurance to the respondent that she would recover soon. However, despite the medicines and treatment given by the appellant, there was no improvement in her condition for a period of about 3 months. She was feeling pain even at the time of filing of the complaint on 18.8.2004. Therefore, the appellants had committed medical negligence for extracting the teeth without investigating into the patient’s history, taking medical examination, diagnosis etc. and they had also failed to provide proper medical aid post operation. Hence, the complaint for compensation to the tune of Rs.90,000. Interest and costs were also prayed.

3. The appellants filed the written reply. It was denied if the respondent was ever medically examined by appellant No.2 or if appellant No.2 had ever extracted lower left side molar (tooth) of the respondent. It was also denied if the respondent was ever given medical treatment by appellant No.2 or if the respondent had ever come to the hospital of the appellants or if she had paid any medical fee to the appellants. Therefore, the respondent was neither the consumer of the appellants nor the appellants had committed any medical negligence. Hence, it was prayed that the complaint be dismissed with costs of Rs.20,000.

4. The respondent filed her affidavit Ex. C1. She also filed the affidavit of her husband Surinder Pal Singh as Ex.C2. She also proved documents Ex.C3 to Ex.C5. She also filed the affidavit of Dr. Sudhir Pathak, BDS as Ex.C6. Dr.Sudhir Pathak tendered himself for cross-examination and he was cross-examined at length. The respondent also proved documents Ex.C7 to Ex.C10. She also filed the affidavit of Bipindeep Kaur as Ex.C11 and also proved document Ex.C2 and the report of Dr. Navdeep Gupta as Ex.C3 along with photo chart and negatives Ex.C14 to Ex.C23. The respondent also filed the affidavit of Navdeep Gupta as Ex.C24 and receipts Ex.C25 to Ex.C26. On the other hand, appellant No.2 Dr. Vaneet Singla filed his affidavit Ex. R1. Appellant No.1 filed his affidavit Ex. R2.

5. After considering the pleadings of the parties and the affidavits/documents produced on file by them, the learned District Forum accepted the complaint partly vide impugned judgment dated 21.4.2005 and directed the appellants to make the payment of Rs.20,000 as compensation with interest @ 9% p.a.

6. Hence, the appeal.

7. The submission of the learned counsel for the appellants was that the respondent had never come to the hospital of the appellants nor was she ever medically treated. She had not paid any medical fee to the appellants. Therefore, neither the respondent was consumer qua the appellants nor the appellants had committed any medical negligence. Hence, it was prayed that the appeal be accepted and the impugned judgment dated 21.4.2005 be set aside.

8. On the other hand, the submission of the learned counsel for the respondent was that there was no merit in the present appeal and the same be dismissed.

9. Record has been perused. Submissions have been considered.

10. The respondent has neither pleaded in the complaint if she had made any payment to the appellants as consideration for taking medica