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J.M.MALIK, S.M.KANTIKAR
CONSUMER PROTECTION COUNCIL – Appellant
Versus
TIRUCHI SPECIALITY HOSPITAL – Respondent


Advocates Appeared:
Mr. Nikhil A. Menon, Advocate for Mr. Dayan Kishan, Amucus Curiae, for the Appellant; Ms. Hetu Arora Sethi, Advocate, for the Respondent

ORDER

Dr. S.M. Kantikar, Member -The Complaint was filed by the Consumer Protection Council, Tamil Nadu, Tiruchirapalli (Complaint No. 1) on behalf of the 2nd Complainant. Mr. U. S. Selvaraj, a prison constable. The OP-1 is Tiruchi Speciality Hospital and Dr. M. Shanmuvgavel (OP-2) was a consultant with OP-1, in internal medicine.

2. The facts are that deceased, Smt. Solai, wife of the Complainant -2 ( in short "Patient") was working in LIC, as Assistant Administrative Officer (AAO), drawing a salary of Rs. 14,000 per month. On 8.2.2000, she was admitted to OP-1, with complaints of wheezing. She was discharged on the next day. As per prescription, (Ex-1), she bought medicines from the pharmacy inside the hospital and obtained cash receipt (Ex-2). She consumed the drugs 3-times-a-day as advised by Dr. Shanmuvgavel (OP-2). On 10.2.2000, she experienced convulsions and shaking of hands, for which she contacted OP-2, on telephone, who advised her to continue the drugs, as prescribed and said that she will get relief. He also expressed that it may be any side effect of one of the drug (Salbutamol). Hence, the patient continued to take the medicines. On 12.2.2000, she experienced shivering

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