IN THE DELHI STATE CONSUMER DISPUTES REDRESSAL COMMISSION Date of Institution: 01.08.2014 Date of Hearing: 15.09.2022 Date of Decision: 06.03.2023 FIRSTAPPEAL NO. 760/2014 IN THE MATTER OF:

MS. TAJINDER KAUR KOHLI, D/o MR. HARNAM SINGH KOHLI, R/o 107-B, LIG FLATS, RAJOURI GARDEN, NEW DELHI-110027.

(Through: Dr. Kanwal Sapra & Ms. Protima Parihar, Advocates)

…APPELLANT VERSUS DR. G.S. KOHLI, PROP. OF M/s JOY NURSING HOME, J-5/49/F, RAJOURI GARDEN, NEW DELHI-110027.

(Through: Mr. Sandeep Kapoor, Advocate)

…RESPONDENT CORAM:

HON’BLE JUSTICE SANGITA DHINGRA SEHGAL (PRESIDENT)

HON’BLE MS. PINKI, MEMBER (JUDICIAL)

Present: Dr. Kanwar Sapra, counsel for the Appellant.

Mr. Shreshtha Kumar, counsel for the Respondent.

PER: HON’BLE JUSTICE SANGITA DHINGRA SEHGAL, PRESIDENT

JUDGMENT

1. The facts of the case as per the District Commission record are: “…medical negligence filed by Ms. Tajinder Kaur against Dr. G.S. Kohli, proprietor of Joy Nursing Home with the allegations that she approached the doctor on 13.6.05 with a complaint of abdomen pain. She was diagnosed with Appendicitis and was advised immediate surgery. She was admitted in Joy Nursing Home on 13.6.05 and was discharged an 18.6.05. A Inparoscopic operation was conducted under anesthesia. Her allegations are that as she was under anesthesia and was not accompanied by any attendant, she could not know who was the surgeon and what was the procedure followed for surgery. She gained consciousness on the next day and when she made enquiries from the doctor, she was told that many complications occured during her surgery as her hemoglobin and blood pressure came down. For that reason she was to be kept under anesthesia. She was also told that four metal clips were used to staple her veins and those clips were left inside the stomach and was further told that those clips were not to be removed and would dissolve in due course of time. She paid Rs.25,250/- as treatment expenses. Her allegations are that immediately after operation she started feeling extreme hardship in sitting, eating, breathing due to stress in the veins on which the metal clips were stapled and acute pain persisted in the stomach. She visited the OP several times in connection with the pain but she was not given any treatment. Those clips caused infection in her stomach creating pus cells and other complications. The OP failed to give proper treatment for post operative pain due to which she suffered depression, low blood pressure, low hemoglobin and formation of pus in her stomach. She requested the OP to remove the metal clips but he failed to remove the same. She alleged that the act of leaving the non dissolving metal clips in her stomach while operating her and not removing them not after repeated requests is a serious offence which has caused suffering to the complainant in carrying out her day to day routine work.

The complainant took a second opinion from another doctor Preet Singh Chawla who told her that cause of physical problem like low blood pressure, low hemoglobin level and formation of pus cells was those metal clips. She sent a legal notice dated 8.5.08 asking the OP to remove the clips but nothing was done by him by the OP. Hence her case is that leaving the metal clips inside her stomach at the time of operating upon her for appendicitis and non removing the same, even after several requests, was causing physical as well as mental hardship to her which amounts to deficiency of service. Dr. Preet Chawla advised her surgery for removal of those clips hence she approached this forum seeking a direction to the OP to refund the cost of surgery and medicines amounting to Rs.33,638/- alongwith compensation of Rs.1,00,000/- and litigation expenses of Rs.22,000/-.”

2. The District Commission after taking into consideration the material available on record, passed the judgment dated 10.06.2014, whereby it held as under:

“Expert medical opinion in this case was given by a medical board constituted by the Medical Superinte