JUDGMENT

DR.SUDHIR KUMAR JAIN, J

1. Briefly stated relevant facts are that the complainants no.l to 6 in the complaint are legal heirs of Satwant Kaur (hereinafter referred to as “the deceased”) being her husband and children. The deceased due to abdominal pain was taken to Dr. Vivek K. Jain (hereinafter referred to as “the opposite party no.l”) by her husband i.e. the complainant no 1 and Jagwinder Singh for consultation and treatment. The deceased was diagnosed with stones in gall bladder and the opposite party no.l prescribed surgical operation for removal of gall bladder i.e. cholecystectomy. The deceased was operated on 31.05.2012 in the hospital of the opposite party no 1 and gall bladder was Al removed but the deceased even after operation continued to vomit. The deceased remained admit in the hospital from 31.05.2012 to 03.06.2012 but the abdominal pain did not subside. The deceased was discharged from hospital on 03.06.2012 despite having vomiting sensation. The medical file and surgical notes pertaining to the deceased were not handed over to the complainant no. 1. The deceased due to deteriorating condition was removed to Astha Hospital (hereinafter referred to as “the opposite party no 3”) for treatment where the deceased was subjected to various tests and remained admit till 10.06.2012 but without any relief in the pain. The opposite party no. 3 referred the deceased to Christian Medical College & Hospital, Ludhiana (hereinafter referred to as “the opposite party no. 4”) for further treatment and management where the deceased was admitted on 11.06.2012. The complainants were intimated by the doctors that the common bile duct (hereinafter referred to as “CBD”) of the deceased was cut/injured during the operation of removal of gall bladder and drain was also leaked due to which bile fluid and waste fluid collected/entered in the abdominal parts of the body resulting into infection and poisonous substance in the body. The deceased remained admit in the opposite party no. 4 from 11.06.2012 to 03.07.2012 and got discharged on 03.07.2012. The complainants spent about Rs. 5,00,000/- on medical treatment of the deceased but condition of the deceased did not improve. The deceased also remained admit in PGI, Chandigarh from 03.07.2012 to 05.07.2012 and died on 05.07.2012. The opposite parties no. 3 and 4 after going through the discharge summary of the deceased supplied by the opposite party no.l intimated the complainants that the operation of the deceased was conducted by Dr. Hukam Chand Garg (hereinafter referred to as “the opposite party no. 2”) although the opposite party no. 1 assured the complainants that he himself would conduct the operation. The complainants came to know that the opposite party no.l was not having necessary qualification to conduct the surgery being an anesthetist and the operation was conducted by the opposite party no.2 in the hospital of the opposite party no.l as evident from the discharge summary of the deceased. The complainants alleged medical negligence on the part of the opposite parties no.l and no. 2 as they operated the deceased in a negligent manner due to which the CBD was got injured/cut. The opposite parties no 1 & 2 did not arrange/put proper drainage after the operation of gall bladder which caused leakage of the waste fluid which was collected in the body due to which condition of the deceased became deteriorated and resulting her death on 05.07.212. The opposite parties no. 1 and no.2 are jointly and severely liable for medical negligence in performing surgery of removal of the gall bladder of the deceased and as such were responsible for her death. The complainants being aggrieved filed present consumer complaint bearing C. C. no. 473 of 2012 tiled as Lakhwinder Singh and others V Dr. Vivek K. Jain and others under section 12 of the Consumer Protection Act, 1986 (hereinafter referred to as “the Act”) before the District Consumer Disputes Redressal Forum, Bathinda (hereina