STATE CONSUMER DISPUTES REDRESSAL COMMISSION, PUNJAB, CHANDIGARH.

Date of institution : 30.01.2020 Reserved on : 15.02.2024 Date of Decision : 06.03.2024 Karamveer Kaur aged about 28 years wife of Pritpal Singh, resident of # 764, Ward No. 30, Moga, Punjab.

….Complainant Versus

1. Gian Chand Rangwala Memorial Hospital, 326, Near Civil Hospital, Aara Road, Moga through its Owner-cum-Managing Director

2. Dr. Sohan Ultra Sound & Scan Center, 326, Near Civil Hospital, Aara Road, Moga through its Owner-cum-Managing Director

3. Dr. Sohan Lal Goyal C/o Dr. Sohan Ultra Sound & Scan Center, 326, Near Civil Hospital, Aara Road, Moga.

4. Dr. Asha Goyal C/o Gian Chand Rangwala Memorial Hospital, 326, Near Civil Hospital, Aara Road, Moga.

5. Dr. Kanu Goyal C/o Gian Chand Rangwala Memorial Hospital, 326, Near Civil Hospital, Aara Road, Moga.

.…Opposite Parties Consumer Complaint under Section 17 of the Consumer Protection Act, 1986.

Quorum:-

Hon’ble Mrs. Justice Daya Chaudhary, President Ms. Simarjot Kaur, 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 complainant : Sh. M.S. Saini, Advocate For the opposite parties : Sh. Munish Kapila, Advocate SIMARJOT KAUR, MEMBER :

The Complainant has filed this Complaint against the opposite parties (hereinafter referred as OPs) under Section 17 of the Consumer Protection Act, 1986 (for short ‘the Act’). The Complainant has averred that in the month of April, 2015, she came to know that she was pregnant as her last menstrual period (LMP) was on 16.03.2015. On 26.06.2015, she had got conducted her 1^st Level Scan from Advance Endoscopy and Scanning Center, Moga done by Dr. Harpreet Kaur (M.D. Radiodiagnosis). In the said report, it was confirmed that she was 14 week and 4 days pregnant. After that on 07.07.2015, she had visited OP No.1 Hospital for check-up, where OP No.5-Dr. Kanu Goyal, checked her as per the guidance and instructions of OP No.4-Dr. Asha Goyal. She continued with her treatment with the OPs till the delivery of the child. Said Doctor advised her to get 2^nd Level Scan/Ultrasound conducted to establish whether the brain, neck, heart and backbone tissues of the child were properly developed as per the advancement of pregnancy. She got her scan conducted from OP No.2 Scan Center on 26.07.2015. OP No.3 Dr. Sohan Lal Goyal after going through the report informed her that the development of the fetus was normal. OPs No.4&5 after going through the said report also confirmed the same. On 31.10.2015, 3^rd Scan of the Complainant was got conducted at OP No.2. The Complainant got herself admitted with the OPs on 14.12.2015 for delivery. On 15.12.2015, she gave birth to a male child, namely, Master Manraj. After the birth of the child, OP No.4 Doctor informed her that the child had cried immediately after the birth so he was normal. On 19.12.2015, the Complainant along with the child was discharged and advised to continue with follow up treatment.

2. The Complainant after the lapse of 2-3 months, observed that the child was not taking the proper feed, was not making eye contact and there were no signs of recognition of the family members. The child was not gaining weight and the size of his head was not increasing at normal rate. Thereafter, on 05.04.2016, she visited Dr. Darshan Singla for taking 2^nd opinion. After examining the child, said Doctor prescribed him with some multi-vitamins. Thereafter, the Complainant visited the Department of Ophthalmology, PGI on 11.04.2016 for eye check-up of the child but the Doctor there suggested her to wait till the child completed 6 months of age. The child was neither showing progress nor was relieved of his symptoms. The Complainant visited another hospital i.e. Garg Hospital, where she had consulted Dr. Rupinder Singla, who after examining the child found that the child had delayed milestones as per his ag