AFR / NAFR CHHATTISGARH STATE CONSUMER DISPUTES REDRESSAL COMMISSION PANDRI, RAIPUR Date of Institution: 24/08/2017 Date of Final Hearing: 19/04/2023 Date of Pronouncement: 15/05/2023 COMPLAINT CASE No.- CC/2017/69 IN THE MATTER OF :

Girdhar Kumar Vaishya, S/o. Late Shri Bholaram Vaishya, R/o. Kashinagar Korba, Tah. & Dist. KORBA (C.G.)

Through: Shri Ajeet Bharat, Advocate … Complainant.

Vs.

1. Apollo Hospital Bilaspur, Dist. Bilaspur (C.G.)

Through: Managing Director/ Executive Director, BILASPUR (C.G.).

2. Chief Medical Officer, Apollo Hospital Bilaspur, Dist. BILASPUR (C.G.).

3. Dr. Manoj Rai, M.D. (Internal Medicine), Apollo Hospital Bilaspur, Dist. BILASPUR (C.G.).

4. Dr. Vijay Kumar Shrivas, (DNB) (Internal Medicine), Apollo Hospital Bilaspur, Dist. BILASPUR (C.G.).

Through: Shri Alok Bakshi, Advocate … Opposite Parties CORAM: -

HON’BLE SHRI JUSTICE GAUTAM CHOURDIYA, PRESIDENT HON’BLE SHRI GOPAL CHANDRA SHIL, MEMBER HON’BLE SHRI PRAMOD KUMAR VARMA, MEMBER PRESENT: -

Complainant present in person with Shri Ajeet Bharat, Advocate.

Shri Alok Bakshi, Advocate for the opposite parties.

JUDGEMENT

PER: - JUSTICE GAUTAM CHOURDIYA, PRESIDENT This complaint, under section 17 of the Consumer Protection Act, 1986 (hereinafter referred to as “the Act” for short) has been filed by the complainant alleging medical negligence, during treatment of wife of the complainant due to which she died and deficiency in service against the opposite parties, seeking direction to the opposite parties for payment of compensation on various heads like untimely death of wife of the complainant, loss of her company to the complainant and mother‟s affection to the children, deficiency in service, treatment expenditure, mental and physical agony and cost of litigation etc. total Rs.98,23,095/-

(Ninety Eight Lacs Twenty Three Thousand & Ninety Five).

2. Brief facts necessary for disposal of this complaint, as per the complaint are that the complainant is husband of deceased Smt. Nisha Vaishya. The deceased Smt. Nisha Vaishya suddenly fell ill on 30.09.2015 and with the complaint of fever and dry cough she was admitted in Krishna Hospital Korba. She was treated in that Hospital till 02.10.2015 and when no improvement in her condition was seen, in the night of 02.10.2015 the Doctors of that Hospital discharged her for admission in some Higher Centre for treatment. The complainant in hope of better treatment admitted his wife in the Apollo Hospital Bilaspur/ the opposite party No.1 on 03.10.2015, where the opposite party Nos.3 & 4 started treatment but there also no improvement was seen. When the complainant asked Dr. Manoj Rai and Dr. Vijay Kumar Shrivas they assured him that health condition of his wife will be improved very soon and there is nothing to worry about and without any investigation and diagnosis started giving high antibiotics and other medicines due to which at the place of improvement the condition of his wife was deteriorating day by day and she reached to a critical condition, which is outright evidence of deficiency in service on the part of the opposite parties. When within 1-2 days of admission on 03.10.2015 no improvement was seen in the health of the deceased Smt. Nisha Vaishya the opposite parties were required to refer her to some Higher Medical Center but the opposite parties collected Rs.7,000/- from the complainant on the saying that for diagnosis of ailment, blood sample and throat swab (mucus) are to be sent to somewhere else and it was stated that on receipt of test report of blood sample and throat swab (mucus) treatment will be given to the patient as per the report. As the facility of requisite test was not available with the opposite parties and looking to the situation that regarding the ailment of the patient the opposite parties were not aware and sure, which is evident from the information given to the Police by Dr P.K. Panda, Paithlab Services & I/C MS, Apollo Hospital Bilaspur also, they were required to refer the patient to a High