##PAGE1##

IN THE NATIONAL CONSUMER DISPUTES REDRESSAL COMMISSION AT NEW

DELHI

RESERVED ON: 23/12/2025

PRONOUNCED ON: 29/01/2026

REVISION PETITION NO. 531 OF 2022

(Against the Order dated 24.01.2022 in Appeal 494/2018 of the State Consumer

Disputes Redressal Commission Delhi)

Smt. Asha Rani Khanna (deceased), Through her legal heir Smt. Anshu Tandon,

W/o Shri A.B. Tandon, R/o A-65, Arya Nagar Apartments, I.P. Extension, Delhi -

110092. Petitioner

Versus

Sir Ganga Ram Hospital, Sir Ganga Ram Hospital Marg, Old Rajinder Nagar, New

Delhi. Respondent

BEFORE:

HON'BLE MR. BHARATKUMAR PANDYA, PRESIDING MEMBER

HON'BLE MRS. JUSTICE SAROJ YADAV, MEMBER

For the Petitioner Mr. Hemant Kumar, Advocate

For the Respondent : NEMO

ORDER

PER BHARATKUMAR PA ND YA. MEMBER

1.

Petitioner (deceased) through her LRs /complainant has preferred this appeal

against the order dated 24.01.2022 passed by the State Commission, Delhi, in First

Appeal No. 494 of 2018, whereby State Commission partially allowed the appeal of the

complainant and increased the litigation cost from Rs. 15,000/- to Rs. 1,00,000/- only.

2. Brief facts of the case are that in May 1996 the complainant Smt. Asha Rani

Khanna (deceased) (the original complainant) visited Dr. Pradeep K. Chowbey, the

consultant surgeon of respondent hospital for some ailment and he advised her for

some tests. After the tests, said Dr. Pradeep K. Chowbey referred her to Dr. R.K.

Gupta, who was the consultant physician and Diabetologist of respondent hospital. On

13.06.1996, when she first met Dr. R.K. Gupta along with her reports, doctor diagnosed

her with breast cancer and immediately started the treatment without doing biopsy and

advised her to get admitted in Ganga Ram Hospital New Delhi (respondent herein).

Complainant was admitted on 23.05.1996 and discharged on 09.06.1996 where she

was given treatment for cancer i.e. chemotherapy. Thereafter, she was again admitted

in the respondent hospital twice on 28.06.1996 and 07.07.1996 for approximately 5 to

Page 1 of 6

6 days each for further treatment. Again on 12.08.1996 she was admitted in the

respondent hospital for chemotherapy but without any positive test reports and during

her treatment she started feeling giddiness and her health deteriorated. When there

was no improvement in condition of the complainant, her family took her to

Dharamshila Cancer Hospital at Vasundhara Enclave, Delhi on 28.11.1996. At

Dharamshila Cancer Hospital she was diagnosed to be suffering from T.B. in spinal

cord but not from cancer as was diagnosed by respondent hospital. On being

diagnosed with TB of spinal cord, treatment of the complainant for the said disease

was started and her health improved but due to adverse effect of the wrong treatment

by Dr. R.K. Gupta at respondent hospital, complainant could not recover fully and

ultimately she died on 13.07.2014 after suffering from great pains and trauma.

3. Being aggrieved with the negligence committed by the respondent hospital

complainant filed a complaint before the District Forum, Shalimar Bagh on 10.11.1998

praying for compensation to the tune of Rs.3.5 lakhs with cost and interest at the rate

of 24%. District Forum, after hearing the parties and after going through material on

record, passed an order dated 04.09.2018 (page 29-37 of the petition) thereby holding

OP hospital guilty of deficiency in service. The relevant portion of the order is

reproduced as under:

This forum has considered the case of the complainant and OPs in the light of

evidence and documents placed on record by both the parties. The case of the

complainant has remained consistent and there is nothing on record to disbelieve the

case of the complainant. Moreover, considering the facts & circumstances of the case

and rising allegations of medical negligence against the OP, medical expert's opinion

from Lok Nayak Hospital, Govt, of NOT of Delhi was taken. In this regards, Medical

Expert’s opinion has been received by this Forum along with a covering letter dated

10.03.2015 vide F.No.10/MB/EO-39/LNH/2015/