JUDGMENT

AVM J. Rajendra, AVSM, VSM (Retd.), Member—This Revision Petition is filed under Section 21 of the Consumer Protection Act 1986 (“the Act”) against the order dated 17.10.2017 passed by the Chhattisgarh State Consumer Disputes Redressal Commission (‘State Commission’) at Raipur in FA No. 385 of 2017 & FA 414 of 2017. In the impugned order dated 17.10.2017, the State Commission allowed the Appeals and set aside the District Consumer Disputes Redressal Forum, Bilaspur (‘District Forum’) order dated 03.04.2017 in CC No. 176 of 2006.

2. For the convenience, the parties are referred to as placed in the original Complaint filed before the District Forum.

3. Brief facts of the case, as per the complainant, are that his wife, Shanti Bai, was suffering from a uterine problem. Initially, he and his wife had consulted Dr. Shikha Mitra, who advised a sonography test. On 03.05.2004, Dr. Shaileja Ghosh conducted the sonography test, and based on the test results, Dr. Shikha Mitra prescribed medication, which provided Shanti Bai some relief for about three months. When the symptoms recurred, Shanti Bai consulted Dr. YR Krishna (OP-1) at KIMS Hospital, Bilaspur, on 26.09.2004. After reviewing the previous medical reports and treatment, OP-1 informed Shanti Bai and her family that her condition was critical and an urgent operation was necessary to save her life. Shanti Bai was admitted to KIMS Hospital on 27.09.2004. On 28.09.2004 at around 10:00 A.M., OP-1 performed the operation. Shanti Bai remained hospitalized until 02.10.2004, after which OP-1 had discharged her, stating that she had fully recovered. After discharge, Shanti Bai experienced various health complications. Her condition deteriorated further on 06.10.2004, prompting the family to take her back to KIMS Hospital. OP-1 admitted her and initiated treatment. On 08.10.2004, at 12:00 P.M., OP-1 informed the family members that an infection had developed in Shanti Bai’s uterus. OP-1 admitted that the infection was severe and beyond his control and it was caused due to his negligence during the operation. Distressed by this development, the family rushed Shanti Bai to Apollo Hospital, Bilaspur, where she was treated until 23.10.2004. Despite medical efforts, Shanti Bai passed away on 23.10.2004. It is the case of the complainant that her death was due to negligence and deficiency in service on the part of OP-1 during the operation on 28.09.2004. According to the complainant, the condition of Shanti Bai was not so severe as to necessitate a surgery. OP-1 recommended surgery with ulterior motive of financial gain and OP 1’s services were negligent and defective. Despite sending a legal notice to OP-1 on 29.11.2004, no response was received. Consequently, this complainant was filed.

4. In his written statement, OP-1 contended that Smt. Shanti Kesharwani was brought to his hospital on 27.09.2004 with irregular bleeding and dysmenorrhoea. She had earlier consulted Dr. Shikha Mitra, who treated her with medication for six months and advised a hysterectomy on 03.05.2004. The patient had opted for a laparoscopic procedure and approached OP-1. After routine tests, OP-1 admitted her on 28.09.2004 and performed the surgery. Upon Histopathology it was revealed that she had chronic cervicitis. OP-1 claimed that the post- operative period was uneventful except for joint pain due to arthritis. The patient was discharged on 01.10.2004 in stable condition with medication and follow-up advice. On 06.10.2004, she was readmitted with abdominal distension, which was diagnosed as acute pancreatitis with a pseudocyst and ascites. OP-1 submitted that he had referred her to Apollo Hospital for intensive care and denied any infection due to the surgery, asserting that the diagnosis was confirmed at Apollo Hospital. He maintained that the patient had developed ARDS with multi-organ failure, and the cause of death could not have been determined without an autopsy. He argued that the surgery was performed