ORDER

This Order shall decide both the Appeals arising from the Order dated 09.05.2019 passed by the State Consumer Disputes Redressal Commission, Rajasthan (hereinafter referred to as the “State Commission”) in Consumer Complaint No. 68/2016, wherein the State Commission allowed the Complaint.

2. For the convenience, the parties are being referred to as mentioned in the Complaint before the State Commission. The facts are drawn from First Appeal No. 1036 OF 2019.

3. Brief facts relevant to dispose of both the appeal are that the Complainant’s husband Jai Singh (since deceased, hereinafter referred to as the ‘patient’) was hospitalized to the general ward of the Pink City Heart & General Hospital (OP-1) on 14.02.2016 for the complaints of severe chest pain and excessive perspiration. Dr. B.B. Lath started the treatment. It was alleged that an ECG and Sonography test were performed. The patient was administered antibiotics and anti-allergic medicines under presumption of lung infection up to 16.02.2016. In the evening of 16.02.2016, the patient was sent to Heart & General Hospital (OP-3) for ‘Doppler ECHO study’ as that facility was not available in OP-1 Hospital, but the condition of