IMPORTANT POINT
Shifting of patient – it is proved beyond doubt that it was not the Complainant’s decision of shifting the patient but the Appellant and the Opposite Party No. 2 Hospital referred the patient to any State Medical College & Hospital for further treatment and management.

ORDER

Manojit Mandal, President—This appeal is directed against the order dated 12/12/2012 passed by the Learned District Consumer Disputes Redressal Forum, North 24 Parganas, Barasat ( in short ‘District Forum’ ) in a Complaint Case No. CC/238/2011. By the impugned order, the Learned District Forum has allowed the complaint of the complainant and directed that:—

“That the complaint be and the same is allowed on contest against the O.P. No. 2 with cost of Rs.10,000/- and allowed exparte against O.P. No. 1 with cost of Rs.10,000/-.

Opposite parties jointly and severally are hereby directed to pay a sum of Rs.4,00,000/- (Four Lakhs) as compensation to the complainant for causing unnatural death of the patient and mental harassment and agony and also for deficiency in service and negligence on the part of the parties.

Both opposite parties are hereby directed to clear the decretal dues within one month from the date of this order, failing which each of them (O.Ps) shall have to pay an interest at the rate of Rs.250/- per day till full satisfaction of this order and even after that penal measure shall be taken for which O.Ps shall be responsible.

Let a copy of this order be supplied to the parties free of cost, when applied for.”

2. The brief facts of the case are that Complainant’s wife became physically ill and as a result of which Complainant went to a local Doctors chamber along with his wife for consultation and check-up where she was clinically checked up and examined by the Appellant / Opposite Party No. 1 Doctor and after completion of the preliminary check up the said Doctor advised and prescribed that the petitioner’s wife conceived and got for its confirmation USG test was prescribed by the Appellant / Opposite Party No. 1 Doctor and for further treatment of the wife and it was the incident of the month of August, 2010.

3. Further case of the complainant is that the Complainant’s wife completed full month pregnancy, he along with his wife went to the Respondent No. 2 / Opposite Party No. 2 Hospital for full term pregnancy for elective caesarian section on 09/05/2011 as per the advice of the Appellant and on the same date of 09/05/2011 she delivered a female child by caesarian section at 11.47 a.m. by the Opposite Party staff of Respondent No. 2 Hospital and anesthesia and surgery was uneventful and the patient was conscious. Further case of the Complainant / Respondent No. 1 is that Complainant and his family members were directed to go home and to come at 4.00 p.m. to visit the patient at the Hospital and thereafter getting assurances of the Appellant / Opposite Party No. 1 they went away and again came to know the condition of the patient and visited the patient. The Complainant and his family members came to know that it was bleeding profusely from the vagina of the wife of the Complainant and blood pressure was low and on examination of the patient by the Appellant it was found that the patient was bleeding profusely from vagina and her abdominal wound but even then without giving any post operative treatment the Appellant No. 1 and Respondent No. 2 tried to shift the patient forcefully discharging the patient and insisted the Complainant / Respondent No. 1 to shift the patient but ultimately the Appellant and Respondent No. 2 removed the patient in such critical condition by an ambulance to the Medical College & Hospital and just on reaching at the said Hospital the patient died and in fact during operation and after operation the Appellant Doctor and the Respondent No. 2 Hospital did not give proper treatment and they were negligent and in fact there was total mismanagement and due to carelessness of the Appellant Doctor and the Respondent No. 2 Hospital and conduct of the Appellant Doctor and Respondent No. 2 Hospital ultimately the patient died and it is proved that the Appellant Doctor and Respondent No. 2 Hospital were completely deficient and negligent in nature and rendering services during and after