IN THE DELHI STATE CONSUMER DISPUTES REDRESSAL COMMISSION Date of Institution: 27.04.2017 Date of Hearing: 03.03.2025 Date of Decision: 28.04.2025 COMPLAINT CASE NO.- 807/2017 IN THE MATTER OF SANDEEP KUMAR, S/O LATE SHRI HUKAM CHAND, R/O H.NO. RZE 385/C, E-100 STREAT NO 17-A SADH NAGAR PART- II, PALAM CLONEY NEW DELHI 110045.

(Through: R.K. Mahto, Advocate)

…Complainant VERSUS

1. ROCKLAND HOSPITAL, THROUGH ITS DIRECTOR OF ADMINSTRATION (Through: Maroof Ahmed, Advocate)

2. DR. UMESH SINGH

3. DR. VIKRAM KALRA (Through: Fanish Kumar Rai, Advocate)

4. DR. AMBER KHERA (Through: Amardeep Soni, Advocate)

ALL AT:- B-33, 34.

QUTUB INSITUTIONAL AREA TARA CRESCENT ROAD NEW DELHI- 16 …Opposite Parties CORAM:

HON’BLE JUSTICE SANGITA DHINGRA SEHGAL, PRESIDENT HON’BLE MS. PINKI, MEMBER (JUDICIAL)

Present: Mr. R. K. Mahto, Counsel for the complainant (Enrl. No.

D/809/2009, Mobile: 9278904426, Email: 11raj2@gmail.com) Mr. GaffarHussain, proxy counsel for the OP No. 1 (Enrl. No.

D/5080/2016, Mobile: 8800786083, Email: ilawtax@gmail.com) Mr.Fanish Kumar Rai, Counsel for the OP No. 2 and 3 appeared through VC Mr. AmardeepSoni, Counsel for the OP No. 4 (Enrl. No.

D/844/2012, Mobile: 9873684704, Email:

adv.amardeepsoni@gmail.com PER: HON’BLE JUSTICE SANGITA DHINGRA SEHGAL, (PRESIDENT)

JUDGMENT

1. The present Complaint has been filed before this Commission by the Complainant alleging medical negligence and unfair trade practice on the part of Opposite Party and have prayed for the following reliefs:-

a) Allow the present complaint;

b) Direct the Opposite Party to compensate the complainant with an sum of Rs. 32,00,000 (Rupees Thirty Two Lakh) as an compensation for the loss of earning/claim caused to the complaint due to negligence and dereliction duty on the part of opposite parties;

c) Pass an order thereby directing the Opposite Party to pay Compensation of sum of Rs. 8,00,000/- (Rupees Eight Lakh) - for the loss of love and affection caused to the complainant including all class-I legal heirs due to negligence and dereliction duty on the part of opposite party;

d) Pass an order thereby directing the Opposite Party to pay a sum of Rs 6,00,000/- for hurt of sentiment/emotions caused to the complainant & all class-l legal hers due to negligence and dereliction duty on the part of opposite parties;

e) Pass an order thereby directing the Opposite Party to Refund all expenses incurred by the complainant now & then a sum of Rs. 70,697/- (Rupees Seventy thousand Six Hundred ninety Seven) for procuring the medicine Injection carry out the certain test etc. as per direction/instruction instead of being on CGHS Panel during clinical trial due to negligence and dereliction duty on the part of opposite party/parties;

f) Pass an order thereby directing the Opposite Party to make the Payment a sum of Rs. 11,000/- towards the cost of Legal notice along with the expenses of present complaint may be also awarded;

g) Pass an order thereby directing the Opposite Party to refund all the amounts to the C.G.H.S which the opposite party charged in lieu of medical expense of consumer named Sh. Hukam Chand as they have not adhere the medical guidelines /instructions passed by C.G.H.S frequent interval on complaint of complainant after imposing the cost also on them further adopt the un fare trade practice with view to take the revenge of complaint instead of revive his(patient) health an sent him on the bed of death;

h) Pass such other or further order/orders as may be deemed fit and proper on the facts and in the circumstances of this case.

2. Brief facts necessary for the adjudication of the present Complaint is that the Complainant, on 12.03.2016, had approached Opposite Party No.1- Rockland Hospital branch situated at Sector 12 Dwarka being the nearest to the residence of the complainant to admit his father (hereinafter referred to as the ‘patient’) who was having difficulty in breathing but the said branch refused to entertain the patient and referred him to their other branch situated at