IN THE DELHI STATE CONSUMER DISPUTES REDRESSAL COMMISSION Date of Institution: 01.04.2016 Date of Hearing: 08.01.2024 Date of Decision: 26.11.2024 FIRST APPEAL NO. 203/2016 IN THE MATTER OF MR. SHIV KUMAR CHANDAK, S/O SH. MAKHAN LAL, R/O A-69, IST FLOOR, RAMPRASTHA COLONY, GHAZIABAD (UP).

(Through Mr. M.Y.Khan, Advocates )

…..Appellant Versus

1. FORTIS HOSPITAL, B-22, SECTOR-62, NOIDA, UP 201301. REGD. OFFICE PIACADILY HOUSE, 275-276 (4TH FLOOR), CAPTAIN GAUR MARG, SRINIWASPURI, NEW DELHI. 2. DR. YOGESH AGGARWAL, C/O FORTIS HOSPITAL, B-22, SECTOR-62, NOIDA, UP 201301.

(Through Ms. M. Malika Chandhuri, Advocates )

…..Respondents CORAM:

HON’BLE JUSTICE SANGITA DHINGRA SEHGAL (PRESIDENT)

HON’BLE MS. PINKI, MEMBER (JUDICIAL)

HON’BLE MR. J.P.AGRAWAL, MEMBER, (GENERAL)

Present: Appellant in person along with Mr. M.Y. Khan, counsel for the Appellant.

Ms. M. Malika Chandhuri, counsel for the Respondents PER: HON’BLE JUSTICE SANGITA DHINGRA SEHGAL, PRESIDENT JUDGMENT

1. The brief facts necessary for the adjudication of the present appeal as per the District Commission record are :

“In the case of medical negligence it is the duty of the complainant to prove the act of medical negligency on the part of the treating Doctor/Physician/Hospital. Unless and until this fact is proved the Doctor/Physician/Hospital cannot be held guilty of medical negligence. Medical negligence can be proved by placing unimpeachable facts on the record from a combined reading of which the court/forum may come to irresistible conclusion that it is a case of medical negligence. However, the best mode of proving the medical negligence is to send the patient (if alive) and/or his/he medical treatment papers in respect of the medical treatment received by him/her from the alleged delinquent treating Doctor/Physician/Hospital to some Government Hospital of high reputation and to seek a medical expert opinion regarding the efficaciousness of the treatment given to the patient by the alleged delinquent hospital.

In the present case, the complainant has filed the present complaint by pleading medical negligence on the part of OP-1 Hospital and OP-2, the treating doctor, in providing medical treatment to his wife between 15.10.06 to 11.11.06 due to which his wife died. According to the complainant, he is entitled to the damages of 8 lacs for loss of his wife causing mental agony and tension to him and his entire family members and to bear all the expenses of the medical treatment on her wife. Hence, this complaint.

In the written statement, OPs have inter-alia stated that world wide well accepted medical treatment had been provided to the wife of the complainant and there was no medical negligency on their part.

Complainant has filed his own affidavit in evidence. On the other hand, affidavit of Sh. Sukhmeet Singh Sandhu, Zonal Director of OP-1 has been filed in evidence.

Written arguments have been filed on behalf of the parties.

2. The District Commission after taking into consideration the material on record, passed the following order dated 15.01.2016:

“We have heard the complainant in person and have also carefully gone through the record.

We do not want to burden our order with lengthy discussion. Our predecessors had sent all relevant medical papers in respect to the treatment provided to the wife of the complainant by the OPs to the Medical Supdt., Safdarjung Hospital, New Delhi. Medical expert opinion report was sent to this forum vide letter No. 2-11/07- Coordn. (Pt.II) dated 23.4.2010. From a perusal of the said medical expert opinion, it becomes clear that there was no medical negligence in providing medical treatment to the wife of the complainant in OP-1 Hospital by OP-2. Therefore, we hold that no case of medical negligence has been made out. Accordingly, we dismiss the complaint with no order as to costs.

Let a copy of this order be sent to the parties as per regulation 21 of the Consumer Protection Regulations. Thereafter file be consigned to record room.

Announced on 15.01