The main legal point established in the judgment is that medical practitioners have an obligation to obtain informed consent, take necessary precautions, and provide treatment records to patients as required by the law.

ORDER :

J.S. Klar, Presiding Judicial Member

Challenge in this appeal by appellants is to order dated 17.5.2017 of District Consumer Disputes Redressal Forum, Bathinda (in short the ‘District Forum’), accepting the complaint of respondent No. 1 of this appeal with cost of Rs. 30,000 against appellants of this appeal and dismissing it qua respondent Nos. 2 and 3 of this appeal by directing appellants to pay compensation of Rs. 5,00,000 (Five lakh only) to respondent No. 1 of this appeal within 45 days from the date of receipt of copy of order, failing which, the amount of Rs. 5,00,000 shall carry interest @ 12% p.a. till realization. The appellants of this appeal are opposite party Nos. 1 and 2 in the complaint before the District Forum and respondent Nos. 2 and 3 of this appeal are opposite party Nos. 3 and 4 therein and respondent No. 1 of this appeal is complainant therein and they be referred as such hereinafter for the sake of convenience.

2. Short facts of the complaint are that complainant filed complaint under Section 12 of the Consumer Protection Act, 1986 (in short, “the Act”) against OPs on the averments that he was suffering from chest pain, due to which he remained uneasy. It was further averred that for the purpose of treatment of chest pain, he approached OP No. 3 at Civil Hospital Sardulgarh and the latter started his treatment in routine manner without his proper check-up and also assured him of his early recovery of chest pain. He remained under treatment of OP No. 3 at Civil Hospital Sardulgarh for a long time, but his chest pain did not subside, as OP No. 3 did not provide the proper treatment to him and he protested about the same, but OP No. 3 disclosed him that he was suffering from serious disease and his bypass surgery was required. It was further averred that OP No. 3 apprised him about his friend Dr. G S Gill, (opposite party No. 1), who has been running Pragma Hospital at Bhatti Road, Bathinda and asked him to approach OP No. 1 by referring his name. He approached OP No. 1, who informed him about the total expenses of Rs. 4,00,000 which would be incurred by him for his above treatment. He agreed for treatment at OP No. 1’s hospital to save his life. It was further averred in the complaint that on 16.6.2010, OP No. 3 received Rs. 1,50,000 from him on behalf of OP No. 1 Dr. G.S. Gill, but no receipt was issued by him to complainant. On 18.6.2010, he approached OP No. 1 at Pragma Hospital, Bhatti Road, Bathinda and Rs. 1,09,100 were deposited by him with OP No. 1. Thereafter, Rs. 3,100 were charged from him on 19.6.2010 for blood bank and Rs. 30,000 for other expenses. On 19.6.2010, OP No. 2 Dr. Sushant Srivastva conducted CABG/bypass surgery upon him at the instructions of OP No. 1 in latter’s hospital. After surgery, it was told to him by OP No. 2 that operation was successful and assured him that there would be no problem in future. He remained admitted thereat for some days after his above surgery. He used to take medicines, as per prescription of OPs and spent thousands of rupees thereupon. It was further averred that on 28.6.2010, OP No. 2 checked him and assured for full recovery. He deposited Rs. 50,000, as demanded by OPs and then he was discharged from the above hospital. Thereafter, he used to take medicines continuously, as per prescription of OPs. It was further averred that after few days, his chest pain again started. He again approached OP No. 3, but to no effect and then he approached OP No. 1 and he assured complainant not to worry, as it was because of change of weather, but he did not feel any relief. He got suspicious on the treatment provided by the OPs to him. He filed an application under RTI Act for providing the audio/video recording of the surgery from opposite party Nos. 1 and 2, but to no effect. Thereafter, on 25.11.2010, he got himself checked from Fortis Hospital, Mohali, where doctor provided angiographic report to him after his check-up and as per the report, there was 99%