DETAILS DD MM YYYY Date of Judgment 31 05 2023 Date of Filing 08 12 2014 Duration. 23 5 8 IN THE STATE CONSUMER DISPUTES REDRESSAL COMMISSION STATE OF GUJARAT COURT -2 CONSUMER COMPLAINT NO. 252 OF 2014 COMPLAINANT: BABUBHAI R DIWANI

31/C, Shree Prakash Co. Op. Housing Society Ltd., Navyug School Road, Opp. Panchdev Mandir, Naroda, Ahmedabad.

V/s OPPONENTS: [1]. APOLLO HOSPITAL INTERNATIONAL LTD Plot No. 1/A, Bhat GIDC Estate, Village Bhat, District: Gandhinagar.

[2]. Dr. UTPAL SUBODH SHAH C/o. Apollo Hospital International Ltd., Plot No. 1/A, Bhat GIDC Estate, Village Bhat, District: Gandhinagar.

[3]. THE NEW INDIA ASSURANCE CO. LTD Regional Office, 5^th Floor, Popular House, Ashram Road, Ahmedabad.

[4]. RELIANCE GENERAL INSURANCE COMPANY LTD

202-210, Second Floor, Mercantile House, K G Marg, Connaught Place, New Delhi. 110001 [5]. ESIC (BAPUNAGAR)

General Hospital, Bapunagar, Ahmedabad. Gujarat. 380024.

[6]. BHAGWATI PACKAGING

381/2, Opp. Saijpur Tower, B/h. S K Shopping Centre, Saijpurbogha, Ahmedabad.382345 CORAM: Hon’ble Mr. R N Mehta, Member Appearance: Mr. Piyush Jadugar, advocate for complainant Mr. Bhargav Pandya, advocate for Op. no.1 Mr. S P Sen, advocate for Op. No.2 Ms. N K Vora, Advocate for Op. no.3 Mr. V P Nanavaty, advocate for Op. No.4 Ms. R H Padhya, advocate for Op. no. 5 (Order by Hon’ble Mr. R N Mehta, Member)

[1]. The complainant named herein above, has filed this complaint under the provision of Sec. 12 read with Section 17 of the Consumer Protection Act, 1986 (hereinafter referred as “The Act” or “Act”) alleging therein deficiency in service on the part of the opponents while rendering treatment to complainant and claimed compensation of Rs. 42,00,000/- and also cost of Rs.2,00,000/- for this complaint.

[2]. It is case of the complainant that his son, Mr. Shivajibhai was registered member of Employee State Insurance Scheme (in short ESIS) and complainant being family member, beneficiary of the services rendered by the said ESIS. It is averred that ordinarily, members are given medical services at ESIS hospitals but in case where services cannot be rendered at the said hospital, with the prior approval, arrangements are being made to provide services at Private hospitals affiliated with ESI Scheme. In such a case, though all services are rendered to beneficiary, bills thereof are directly paid by the Scheme to hospital and members are not supposed to pay any expenses.

[3]. The complainant had heart ailment and approached Opponent no.5 hospital where he was given primary treatment and for further management, he was referred to Opponent no.1 hospital on 2/10/2013. The complainant was diagnosed having Coronary Artery Disease and was advised for surgery known as “Coronary Artery Bypass Grafting” (CABG) which was to be carried out at Opponent 1 hospital (hereinafter referred as “Apollo”) by Opponent no 2, who is Cardiothoracic Surgeon. It is alleged that the “Apollo” had falsely raised bills and recovered from the complainant though it was specific arrangement for payment through ESIC to hospital. It is also alleged that the hospital and doctor failed in their duties to take preventive care for spread of infection after surgery and it resulted into sufferance to the complainant and therefore this complaint is filed for compensation. It is also alleged that when complainant had taken estimate from U N Mehta hospital for CABG, it was around Rs.75000/- whereas Apollo has charged more i.e. Rs.1,17,000/- and though complainant had to pay additional expenses because bills were raised. It is alleged that it is duty of the opponent hospital and doctor to take adequate care and caution and they were duty bound to use surgical instruments free from bacteria but they failed in their duty and because of their negligence the complainant had to suffer. The complainant was hospitalised as indoor patient from 2/10/2013 to 11/10/2013 under care of opponent no.2 Surgeon. It was informed to the complainant that open heart surgery was carr