Date of filing: 14.02.2020

                                                      Date of Disposal:10.10.2023

BEFORE THE KARNATAKA STATE CONSUMER DISPUTES REDRESSAL COMMISSION, BENGALURU (PRINCIPAL BENCH)

DATED: 10^th Day of October 2023

PRESENT

Mr. K B SANGANNANAVAR: JUDICIAL MEMBER

Mrs.M.DIVYASHREE : LADY MEMBER

CONSUMER COMPLAINT NO.55/2020

George Varghese Chalakkal Nalmadam

R/A Chalakkal House,

Survery No.42/4,

Opp.SSV Coral Apts.,

Sangam Enclave,

Hennur-Bagalur Main Road,

Kothanuru, Bengaluru-560077…….. Complainant

(Party in Person)

-Versus-

1. The Director,

Sri Jayadeva Institute of

Cardiovascular Sciences and Research,

Jayanagar 9th Block,

Bannerghatta Road,

Bengaluru

2. The Medical Superintendent,

Sri Jayadeva Institute of

Cardiovascular Sciences and Research,

Jayanagar 9th Block,

Bannerghatta Road,

Bengaluru                                   …….. Opposite Party

(By M/s D.L.J & Associates, Adv. for OP Nos.1 and 2)

ORDER

BY Mr. K. B. SANGANNANAVAR: Pri. Dist. & Session Judge (R)- JUDICIAL MEMBER

1. This is a complaint filed under Section 17 of Consumer Protection Act, 1986 with a prayer to direct OPs to refund the entire amount paid to him along with interest at the prevailing rate along with an amount as per compensation matrix claimed at Rs.93,60,000/- + Rs.1,24,000/- and to refund medical expenses incurred and sought for compensation  towards mental agony, physical pain, loss of consortium and cost of litigation.

2. Complainant stated above is aged about 54 years, raised consumer complaint alleging deficiency of service on the part of Ops in application of medical professionalism and medical negligence. He alleged   failure of medical device called stent, while was treated by OPs.  He was admitted under OT No.201803110047/IP No.462113 to the OP Hospital, Jayadeva Institute of Cardiovasular Sciences and Research, Bengaluru, due to an artery block by his friends.  After discussion with Doctors by his friends was laid in ICU, where decided to put the stent in the heart to remove the block in the artery otherwise he would not make it through.  As the Doctors claimed that the medicine given is not sufficient and the rescue operation must be conducted immediately. 
3. They were directed to deposit Rs.1,24,000/- towards the operation.  He had paid Rs.1,24,000/- and charges as per their demand as a general patient without any claim to any monetary benefit either to the government or any person or entity concerned.  He was admitted on 11.03.2018 and was discharged on 14.03.2018 with an advice to follow-up in OPD.

4. After his discharge from OPs hospital on repeated visit to the Doctor and informing   about the persistent pain in the left shoulder was told   the pain is a process of curing and he would be alright in the next couple of months. However he raised   suspicion for rectification of the 2D Eco Report showing EF was 37%, then Doctor took him personally to 2D Eco Lab again and got the figure rectified to 65% and he took back the earlier report and gave him the rectified report saying that everyt