CHHATTISGARH STATE CONSUMER DISPUTES REDRESSAL COMMISSION
Shri R.S. Sharma, President, Shri D.K. Poddar and Shri Narendra Gupta, Members
DR. P.C. RATH (CARDIOLOGIST) - Appellant
Versus
A.C. VERMA - Respondent
Appeal No. FA/547 of 2016
Decided on : 15-02-2017
ORDER
R.S. Sharma, President.—This appeal is directed against the order dated 29.07.2016. passed by the District Consumer Disputes Redressal Forum, Durg (C.G). (henceforth "District Forum" for short), in Complaint Case No. C.C./13/104. By the impugned order, learned District Forum, has allowed the complaint of the complainant and directed that :-
(1) The O.P. No.1 & O.P. No.2 will jointly and severally pay a sum of Rs. 92,810/- (Rupees Ninety Two Thousand Eight Hundred Ten) towards treatment expenses, within one month from the date of order.
(2) If the above amount is not paid by the O.P. No.1 & O.P. No.2 within stipulated period, then they will be liable to pay interest @ 09% p.a. from the date of order till realisation.
(3) The O.P. No.1 & O.P. No.2 will jointly and severally pay Rs. 2,00,000/- (Rupees Two Lakhs) towards compensation for physical agony, to the complainant.
(4) The O.P. No.1 & O.P. No.2 will jointly and severally pay Rs. 1,00,000/- (Rupees One Lakh) towards compensation for mental agony, to the complainant.
(5) The O.P. No.1 & O.P. No.2 will jointly and severally pay Rs. 10,000/- (Rupees Ten Thousand) towards cost of litigation to the complainant.
2. Brief facts of the complaint of the complainant are that when the complainant suffered some problems relating to thyroid, then in the month of March, 2007 he went to Jawaharlal Nehru Memorial Hospital, Bhilai for treatment. The complainant had taken medical advice from Dr. Goverdhan, who advised the complainant to undergo an echocardiography test. The complainant contacted Dr. S.K. Saxena on 05.03.2007 for undergoing echocardiography test, who advised the complainant for T.M.T. test instead of echocardiography test. As per advice of the doctor, on 15.03.2007, the T.M.T. test of the complainant was conducted. After perusing the T.M.T. Report, Dr. S.K. Saxena obtained information from the complainant regarding the mediclaim insurance and informed that the complainant had some heart ailment, and therefore, he was advised to go to the O.P. No.2 Hospital and to contact O.P. No.1 for treatment. The complainant had informed to Dr. S.K. Saxena that earlier or at present he was not suffering from some heart ailment. The complainant was afraid when Dr. Saxena informed that he was having some heart ailment, therefore, he went to Modern Medical Institute, Raipur on 22.03.2007 and consulted Dr. Shailesh Sharma then he informed the complainant that he was having some heart ailment, but the complainant deemed it proper to go to O.P. No.2 Hospital for treatment on the advice of Dr. S.K. Saxena. On being advice given by Dr. S.K. Saxena, the complainant went to O.P. No.2 hospital and contacted O.P. No.1 for treatment. The O.P. No.1 obtaining information from the complainant regarding the mediclaim insurance and directed the complainant to undergo angiography test. The complainant had informed the O.P. No.1 that earlier or at present he is not suffering from any heart ailment. On the advice given by O.P. No.1, the complainant gave his consent for angiography test. The O.P. No.1 conducted angiography and after perusing the angiography report in the operation theatre, advised the complainant for undergoing angioplasty operation. The complainant informed the O. P. No.1 that he was not having any heart problem, therefore, he refused to undergo angioplasty operation, then the O.P. No.1 compelled the complainant to undergo angioplasty by saying that there is 80-90% blockage in his artery and it is a serious problem which can take form of the heart attack. The O.P. No.1 immediately conducted angioplasty and fitted stent in the artery of heart. The complainant incurred a sum of Rs. 3,33,424/- in his treatment and the same was paid by him to the O.P. No.2 hospital. Later on the Insurance Company paid a sum of Rs. 2,50,000/- to the complainant towards health insurance amount. Thus, the complaina
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