ORDER

Dr. Sadhna Shanker, Member—This appeal has been filed under section 19 of the Consumer Protection Act, 1986 (hereinafter referred to as the ‘Act’) in challenge to the Order dated 02.05.2013 of the State Commission in complaint no. 149 of 2007, whereby the complaint was allowed.

2. Heard the learned counsel for the appellants – K. C. Sharma Poly Clinic and Dr. Anand Sharma (hereinafter referred to as the ‘clinic’ and ‘doctor’ respectively) and the respondent – complainant in person (hereinafter referred to as the ‘complainant’) and perused the record including the State Commission’s impugned Order dated 02.05.2013 and the memorandum of appeal.

3. The facts of the case are that on 16.04.2007 the wife of the complainant (hereinafter referred to as the ‘patient’), who was in the family way, visited the clinic whereupon Dr. Anshula Mittal and Dr. Ankur Mittal (herein after referred to as the ‘treating doctors’), insisted the complainant to get the patient admitted with the clinic, however, the complainant wanted the patient to be admitted in a well equipped hospital like Agrasin Hospital or ESI Hospital, Punjabi Bagh. The treating doctors informed the complainant that the case of the patient was normal and there was no complication at all. On their insistence, the complainant admitted the patient to the clinic. The treating doctors and the doctor started giving treatment and gave some pain doses. The patient was taken for delivery. It is alleged that at about 10.00 p.m. on 17.04.2007 when the complainant heard no noise from the delivery room, the complainant and other relatives saw a different scene from the glass fitted with the operation theatre that all the doctors were giving pumping to the patient whereas such treatment is not required for the purpose of delivery. At about 11.15 p.m., the treating doctors informed that the condition of the patient was very serious and operation is required for which the consent was given by the complainant. At about 12.15 a.m. the complainant was informed that the condition of the patient and the new born baby were serious and they are required to be admitted in some big hospital for which they called ambulance. It is alleged that the clinic was not well equipped for the facility of operation and other emergency requirements but the complainant trusted on all the doctors. The patient and the new born baby was taken to Maharaja Agresain Hospital, Punjabi Bagh where the doctors recorded that the wife and the new born baby were brought dead.

4. Alleging medical negligence on the part of the clinic, the doctor and the treating doctors, the complainant filed a complaint before the State Commission and prayed for compensation of Rs. 40 lakh along with interest at the rate of 18% per annum from the date of complaint.

5. The clinic and the doctor contested the complaint by filing written version and stated that the doctor had not insisted the complainant to get the patient admitted in the clinic and the patient was admitted under the reference of Dr. Anshula Mittal, a qualified gynecologist, and the clinic is well equipped for the purpose of delivery. The patient was under the treatment of Dr. Anshula Mittal, a qualified gynecologist and as Dr. Anand Sharma was an Orthopedician, there is no question of treating or advising the patient. It is admitted that the patient and the new born baby were declared brought dead by the doctors of Maharajas Agrasen Hospital but it has also been denied that the patient and the new born baby were dead in the clinic.

6. The State Commission vide impugned Order dated 02.05.2013 allowed the complaint and directed the clinic, the doctor and the treating doctors to jointly and severally pay a compensation of Rs. 20,00,000/- within 30 days, failing which, the said amount shall carry interest at the rate of 10% per annum till realization.

7. Learned counsel for the clinic and the doctor has argued that the doctor has not treated the patient and hence, there was no ques