STATE CONSUMER DISPUTES REDRESSAL COMMISSION KARNATAKA CONSUMER COMPLAINT NO. SC/29/CC/286/2014 Miss Ntabashwa PRESENT ADDRESS - D/o Dr.Ntabashwa Georges Aged about 40 years R/o Kacyiru, Kigali Rwanda Presently residing at Room No.651 Fortis Hospital No.154/9, Bannerghatta Road Opp:

IIM-B Bangalore-560 076 ,KARNATAKA.

.......Complainant(s)

Versus M/s Fortis Hospitals Limited and others PRESENT ADDRESS - .No.154/9, Bannerghatta Road Opp: IIM-B Bangalore-560 076 Rep. by its Registrar Dr.Taranath Kamath ,KARNATAKA.

M/s. Fortis Hospitals Limited PRESENT ADDRESS - NO.154/9, Bannerghatta Road Opp.IIM-B, Bangalore-560 076 Rep. by its Registrar Dr.Narendra ,KARNATAKA.

Dr.J.V.Srinivas PRESENT ADDRESS - Consultant, Orthopedics Fortis Hospitals Limited No.154/9, Bannerghatta Road Opp. IIM-B Bangalore-560 076 ,KARNATAKA.

Dr.A.V.Padmakumar PRESENT ADDRESS - Consultant Critical Care Fortis Hospitals Limited No.154/9, Bannerghatta Road Opp.IIM-B, Bangalore-560 076 ,KARNATAKA.

Dr.Ullas Gopalakrishna PRESENT ADDRESS - Consultant, Critical Care Fortis Hospitals Limited No.154/9, Bannerghatta Road Opp:IIM-B Bangalore-560 076 ,KARNATAKA.

Dr.Chandan PRESENT ADDRESS - Consultant, Critical Care Fortis Hospitals Limited No.154/9, Bannerghatta Road Opp:IIM-B, Bangalore-560 076 ,KARNATAKA.

.......Opposite Party(s)

BEFORE:

HON'BLE MR. RAVISHANKAR , JUDICIAL MEMBER HON'BLE MRS. SMT.SUNITA CHANNABASAPPA BAGEWADI , MEMBER FOR THE COMPLAINANT:

NEMO FOR THE OPPOSITE PARTY:

NEMO DATED: 16/04/2025

ORDER

BEFORE THE KARNATAKA STATE CONSUMER DISPUTES REDRESSAL COMMISSION, BANGALORE. (ADDL. BENCH)

th DATED THIS THE 16 DAY OF APRIL, 2025 COMPLAINT NO.286/2014 PRESENT SRI RAVI SHANKAR, JUDICIAL MEMBER SMT. SUNITA C.BAGEWADI, MEMBER Miss.Ntabashwa D/o Dr.Ntabashwa Georges, Aged about 40 years, ... Complainant/s R/o Kacyiru, Kigali, Rwanda, Presently residing at Room No.651, Fortis Hospital, #154/9, Bannerghatta Road, Opp: IIM-B, Bengaluru-560 076 (By Sri.L.Srinivasa Babu, Advocate)

-V/s-

1. M/s.Fortis Hospitals Limited, #154/9, Bannerghatta Road, Opp: IIM-B, Bangalore-560 076 Represented by its Registrar Dr.Taranath Kamath, … Opposite Party /

2. M/s.Fortis Hospitals Limited, #154/9, Bannerghatta Road, Opp: IIM-B, Bangalore-560 076 Represented by its Registrar Dr.Narendra

3. Dr.J.V.Srinivas, Consultant, Orthopedics, Fortis Hospitals Limited, #154/9, Bannerghatta Road, Opp: IIM-B, Bangalore-560 076

4. Dr.A.V.Padmakumar, Consultant, Critical Care, Fortis Hospitals Limited, #154/9, Bannerghatta Road, Opp: IIM-B, Bangalore-560 076

5. Dr.Ullas Gopalakrishna, Consultant, Critical Care, Fortis Hospitals Limited, #154/9, Bannerghatta Road, Opp: IIM-B, Bangalore-560 076

6. Dr.Chandan, Consultant, Critical Care, Fortis Hospitals Limited, #154/9, Bannerghatta Road, Opp: IIM-B, Bangalore-560 076 (Respondent Nos.1to6- Sri.Rajeswara.P.N, Advocate)

O R D E R

BY SMT.SUNITA C.BAGEWADI, MEMBER The complainant filed this complaint against the Opposite Parties alleging medical negligence and prays to direct the Opposite Parties to pay hospital expenses of Rs.13,43,616/-; pain and suffering Rs.17,00,000/-; attendant’s charges Rs.4,00,000/-, Flight charges Rs.2,00,000/-; food and nourishment Rs.3,00,000/- and future medical expenses Rs.10,00,000/-, totally amounting to Rs.49,43,616/- along with interest pendent elite and future interest @ 24% per annum from the date of filing of this complaint till the date of realization and compensation of Rs.30,00,000/- towards mental agony etc. along with pendent elite and future interest @ 24% per annum and grant such other relief, interest of justice and equity.

2. The brief facts of the complaint is that during the month of May, 2014 the complainant’s mother Mrs.Kanimba Monique developed pain in her right knee and therefore in order to get proper medication, the complainant had been looking after a good hospital and thus the complainant and her mother enquired with the hospital authorities of the Opposite Party, who after initial check up gave assurances that a very good an