FIRST ADDITIONAL BENCH STATE CONSUMER DISPUTES REDRESSAL COMMISSION, PUNJAB, CHANDIGARH Date of Institution : 18.11.2021 Date of Reserve : 17.07.2023 Date of Decision : 17.08.2023

1. Goodwill Hospital and Maternity Home, Hoshiarpur Road, Rama Mandi, Jalandhar Cantt., through its Managing Director Dr.Dimple Sharma.

2. Dr.Dimple Sharma, Gynecologist, Goodwill Hospital and Maternity Home, Hoshiarpur Road, Rama Mandi, Jalandhar Cantt.

….Appellants/Opposite parties Versus

1. Gagan aged 24 years, son of late Sh.Jagan Nath, son of Kaura Ram, resident of H.No.48, Mohalla No.13, Jalandhar Cantt., Punjab.

….Respondent/complainant

2. Dr.Rahul Gupta, Surgeon, Goodwill Hospital and Maternity Home, Hoshiarpur Road, Rama Mandi, Jalandhar Cantt., Punjab.

Alternate Address:

Dr. Rahul Gupta, Surgeon, Nova Hospital, Piplanwala, Hoshiarpur, Punjab.

…..Proforma Respondent/Opposite party No.3 First Appeal under Section 41 of the Consumer Protection Act, 2019 against the order dated 28.09.2021 of the District Consumer Disputes Redressal Commission, Jalandhar.

Quorum:-

Mr.Harinderpal Singh Mahal, Presiding Judicial Member Present:-

For the appellants : Sh.Rabinder Singh, Advocate For the respondents : Ex-parte HARINDERPAL SINGH MAHAL, PRESIDING JUDICIAL MEMBER This appeal has been preferred by the appellants/opposite parties No.1 & 2–Goodwill Hospital & Maternity Home & Anr.; against the order dated 28.09.2021 passed by District Consumer Disputes Redressal Commission, Jalandhar (in short, “the District Commission”), whereby the complaint filed by the complainant under Section 12 of the Consumer Protection Act, 1986 (in short ‘the Act’) was allowed and opposite parties were directed to pay Rs.5,00,000/- jointly and severally as compensation for mental and physical harassment including the expenses. They were further directed to pay Rs.50,000/- as litigation cost.

It would be apposite to mention that hereinafter the parties will be referred, as have been arrayed before the District Commission.

2. In brief, the facts of the complaint are that the complainant Gagan got his wife admitted in the hospital-opposite party No.1 on 28.09.2017, where she delivered a son. Before the delivery, opposite parties No.1 to 3 told either they have to save the child or the mother, thereafter the patient-Babita was taken to the operation theatre for surgery at 6:30 p.m. on the same day. During the surgery, the uterus did not contract as the doctors did not give oxytocin injection to her which is specially meant for contraction of the uterus. Due to non-contraction of the uterus there were excessive bleeding and ultimately that uterus was to be removed by 7:45 p.m. On 29.09.2017, the doctor, who was attending his wife told that she has to be referred to the Apollo Hospital as the condition of his wife deteriorated and the complainant kept informing opposite parties No.1 to 3 for her health and Ms.Babita was admitted to SPS Hospital, Ludhiana on 29.09.2017, where she died. It is alleged that wife of the complainant died due to criminal medical negligence on the part of opposite parties No.1 to 3 as they have failed to exercise their duty diligently as no proper care was given during the admission of the patient in the opposite party- hospital and that caused her death. Due to medical negligence and deficiency in service on the part of the opposite parties, the complainant was compelled to file the complaint before the District Commission seeking pecuniary damages and special damages of Rs.20 lacs.

3. Upon notice, opposite parties appeared and alleged that the complainant has not come to the court with clean hands. However, admitting that the patient-Babita was admitted to opposite party No.1-hospital on 28.09.2017, where she delivered a child at 3:30 p.m. normally and no surgery was done till then. The uterus of patient-Babita did not contract so she had excessive bleeding due to non-contraction of uterus which otherwise normally contracts by itself. Best medical treatment was given to h