STATE CONSUMER DISPUTES REDRESSAL COMMISSION, PUNJAB, CHANDIGARH.

Date of institution : 12.06.2024 Reserved on : 04.12.2024 Date of Decision : 26.12.2024 Amarjit Kaur, aged 62 years wife of Anoop Singh, r/o House No. 979-

A, Gali No.6, Maqboolpura, Mehta Road, Amritsar.

….Appellant/Applicant Versus

1. Dr. Amita Joshi c/o Swastik Eye Care Centre, Guru Gobind Singh Nagar, Opposite Tung Bala Gate, Amritsar

2. Dr. Indu Singh C/o Daljit Singh Eye Hospital, 1, Radha Swami Road, Majitha Road Chowk, Opp. Nirmal Swami Satsang Bhawan, Amritsar .…Respondents First Appeal under Section 41 of the Consumer Protection Act, 2019 against the order dated 24.04.2024 passed by the District Consumer Disputes Redressal Commission, Amritsar in Misc. Application No. 38 of 2022.

Quorum:-

Hon’ble Mrs. Justice Daya Chaudhary, President Mr. Vishav Kant Garg, Member

1) Whether Reporters of the Newspapers may be allowed to see the Judgment? Yes/No

2) To be referred to the Reporters or not? Yes/No 3) Whether judgment should be reported in the Digest? Yes/No Present:-

For the appellant : Sh. S.K. Mahajan, Advocate For respondent No.1 : Sh. Munish Goel, Advocate For respondent No.2 : Sh. Sahil Khunger, Advocate VISHAV KANT GARG, MEMBER :

Appellant/Complainant-Amarjit Kaur (Applicant before the District Commission), has filed the present Appeal to challenge the impugned order dated 24.04.2024 passed by the District Consumer Disputes Redressal Commission, Amritsar (in short, “the District Commission”), whereby the Application filed by her for taking appropriate action against Dr. Amita Joshi for filing false affidavit of Dr. Indu Singh (respondent No.2) had been dismissed

2. It would be apposite to mention here that hereinafter the parties will be referred, as were arrayed before the District Commission.

3. In short, the controversy involved is that the Applicant/Complainant after taking treatment of her eye had levelled certain allegations of medical negligence against the Opposite Parties. The Complaint was filed before the District Commission, Amritsar seeking compensation from the OPs due to their medical negligence during treatment. Said Complaint was allowed by the District Commission vide its order dated 30.07.2019. Both the parties i.e. Complainant and Opposite Parties have challenged the said order before this Commission (State Commission, Punjab) by way of filing Appeals. This Commission after hearing the arguments had allowed the Appeal filed by the OP-Dr. Amita Joshi. However, the Appeal filed by the Complainant-Amarjit Kaur for enhancement of compensation was dismissed. Said order was challenged by the Complainant before the Hon’ble National Commission in Revision Petition, which is still pending.

4. However, the present Appeal to challenge the impugned order dated 24.04.2024 passed by the District Commission on the application of the Complainant for initiating appropriate action against Respondent No.1-

Dr. Amita Joshi for filing false affidavit by Dr. Indu Singh of Dr. Daljit Singh Eye Hospital, OP No.2 in the Complaint. Said application of the applicant/Complainant was dismissed by the District Commission by holding that the same was misconceived, vague and afterthought, hence not maintainable.

5. The Applicant/Complainant in the application has alleged that on 26.11.2018 Dr. Amita Joshi filed her affidavit before the District Commission stating therein that the Complainant was treated by her, who approached her with the complaint of diminished vision of her left eye, which was less than finger counting and as per medical history (Ex.C-2), she had suffered with diabetes with gastric problem. Said fact had wrongly been mentioned in the affidavit but medical record to this effect had not been produced. Later respondent No.1 had manipulated the medical record and had produced the same as Ex. OP-1. The District Commission had failed to take note of the fact that both these documents were different from each other. Also stated that the District Commission had furth