The central legal point established in the judgment is the duty to obtain informed consent, disclose risks, and communicate clearly with the patient's attendants, as mandated by the Delhi Medical Council Act, 1997 and the Consumer Protection Act, 1986.

ORDER

N. P. Kaushik, Member (Judicial)

1. The Present appeal is directed against the orders dated 14. 10. 2011 passed by the Ld. District Forum-X, New Delhi. Vide impugned ordersit was held that IndraprasthaApollo Hospital, New Delhi (OP1) and Dr. TarunSahni(OP2) working there were not guilty of medical negligence. They were however found 'deficient in service' on account of not communicating clearly with the attendantsof the patient. For these reasons compensation to the tune of Rs. 25,000/- was awarded in favour of the complainant and against the hospital and the treating doctor.

2. Appeal has been filed by Sh. Harish Kumar Chaddhathe father of the deceased seeking enhancement of compensation on account of harassment and mental agony. Complainant has sought compensation to the tune of Rs. 50 lakhs.

3. Parties hereinafter shall be referred to by their status as it was in the complaint.

4. Facts in brief of the complaint are that the deceased Ms. Anupama was a college going student of 23 years of age.

In July, 2004 she suffered from diarrheaand taken to family doctor named Dr. Vijay Sachdeva. She did not recovereven after a treatment of four days. She was taken to Indraprastha Apollo Hospital (OP-1) on 22. 07. 2004 and admitted there. Dr. TarunSahani (OP-2) was appointed as treating doctor. After sometime senior doctors named Dr. R K Chopra, Dr. Prasad Rao and Dr. MukulVerma intervened. Dr. R K Chopra after a period of four days of the admission,diagnosed it as a case of SLE (Systemic Lupus Erythematosus). Finding haemoglobin on the lower sideblood was transfused on 25- 26. 07. 2004. Patient got a psychosis attack. Contention of the Complainant is that on 28. 07. 2004, Dr. Prasad Rao examined the patient and declared her fit for discharge. Complainant rushed to the chamber of Dr. TarunSahni to get a discharge, Dr. TarunSahni being the treating doctor. After discussion with Dr. Prasad Rao, complainant was informed that it was not possible to discharge the patient as the haemoglobinlevel was low. Complainant opposed the proposition and suggested that the haemoglobincould be improved by a healthy diet. He wanted the patientto be discharged on that very day. He also did not have a blood donor. Grievance of the complainant is that despite good condition of the patient, two units of blood were transfused by Dr. TarunSahani. Double dose of steroid was given. It rocked the brain of the patient. On 30. 07. 2004 patient was shifted to ICU. She was put on ventilator. There was no movement in her body.

Grievance of the Complainant is that the OPs did so only to grab money. ICU charges were Rs. 70,000/- per day.

On 02. 08. 2004 he was asked to deposit Rs. 1 lakh.

Complainant expressed his incapacity to pay the same and informed that Rs. 70,000/- were deposited only one day before. Upon this ventilator, oxygen and other facilities were withdrawn. Dr. TarunSahnileft the hospital.

Death of the patient was concealed. The next day he came to know of the death of Ms. Anupama in coffee shop from Dr. Prasad Rao.

5. Ops in their separate written statements took stands which are by and large the same. They submitted that the patient was admitted to OP-1 Hospital on 22. 07. 2004 with complaint of vomiting 5-6 times daily for the last 10-12 days. She had loose stools, 6-8 times a day. She was having fever for the last 10 days. She disclosed the history of ReynaudsPhenomenon in winter. Towards past history, it was informed that at the age of 13 years, she had developed skin rashes alongwith fever and ulceration. The same was resolved with treatment but no records were available. Thereafter the patient had recurring episodesof skin disorder,Bullous Lesions which were associated with generalized Lymphadenopathy.

These episodes occurred 2-3 times a year and resolved with treatment. OPs further submitted that the patient was diagnosed as suffering from Systemic Lupus Erythematosus(SLE) with Coomb'spositive hemolytic anemia. Contention of the OPs is that it w