STATE CONSUMER DISPUTES REDRESSAL COMMISSION, PUNJAB, CHANDIGARH.

Date of institution : 20.02.2019 Reserved on : 26.04.2022 Date of decision : 30.05.2022

1. Joshi Hospital, Multi Superspeciality Hospital, Kapurthala Chowk, Jalandhar, through its Managing Director/Chairman.

2. Dr. Sudhir Sood, Neuro Spinal Surgeon, Joshi Hospital Multi Superspeciality Hospital, Kapurthala Chowk, Jalandhar.

….Appellants/Opposite Parties No.1 & 2 Versus

1. Jaspreet Parhar, S/o Sh. Ajaib Singh, resident of House No.C-3, behind Punjab and Sind Bank, Village Reru, Tehsil & District Jalandhar.

…..Respondent No.1/Complainant

2. The Oriental Insurance Co. Ltd., Divisional Office-3, 4E/14, Azad Bhawan Jhandewalan Ext. New Delhi 110055, through its Divisional Officer.

….Respondent No.2/Opposite Party No.3 Appeal under Section 15 of the Consumer Protection Act, 1986 against the order dated 18.12.2018 passed by the District Consumer Disputes Redressal Forum (now “Commission”), Jalandhar.

Quorum:-

Hon’ble Mrs. Justice Daya Chaudhary, President Mrs. Urvashi Agnihotri, Member.

1) Whether Reporters of the Newspapers may be allowed to see the Judgment? Yes/No

2) To be referred to the Reporters or not? Yes/No

3) Whether judgment should be reported in the Digest? Yes/No Present:-

For the appellants : Sh. Puneet Sharma, Advocate For respondent No.1 : Sh. A.S. Gill, Advocate For respondent No.2 : Sh. Amit Kundra, Advocate JUSTICE DAYA CHAUDHARY, PRESIDENT Miscellaneous Application No.367 of 2019 This application has been filed by the appellants/OPs No.1 and 2-for placing on record the additional affidavit of Dr. Sudhir Sood, Neuro Spinal Surgeon, Joshi Hospital (appellant No.1).

2. For the reasons recorded in the application, the same is allowed and the said additional affidavit is taken on record as Annexure R-1.

Main order:

3. The appellants/opposite parties No.1 & 2 (in short the “OPs”) have filed the present appeal under Section 15 of the Consumer Protection Act, 1986 (in short “Act”) to challenge the impugned order dated 18.12.2018 (Annexure A-4) passed by the District Consumer Disputes Redressal Forum, Jalandhar (in short now the “District Commission”) in Consumer Complaint No.481/2015, whereby the complaint filed by respondent No.1/complainant was partly accepted against the appellants/OPs No.1 and 2.

4. Briefly the facts of the case as made out by the complainant in the complaint filed before the District Commission are that he was having severe pain in his left leg, left foot and in his back. For having treatment, he was admitted in Hospital of appellants/OPs No.1 & 2 on 10.12.2014, wherein MRI of the complainant was conducted on the same day i.e. 10.12.2014. As per MRI report it was found and confirmed to be a problem in L5-S1 Massive Disc Prolapse. Apart from said, other investigations were also conducted by the OPs on the complainant and it was found to be a case of L5-S1 Massive Disc Prolapse. The complainant was operated on 10.12.2014 by adopting the method of Microlumbar Discectomy and the OPs assured that Disc L5-S1 was removed. The complainant remained admitted in the Hospital for the period from 10.12.2014 till 13.12.2014. It was further assured that in future there would not be any problem and certain medicines were also prescribed for follow up and bed rest was suggested. As per averments made by the complainant, he took all precautions of follow up as advised by Doctor (OP No.2) and also took bed rest. The complainant incurred total medical expenses to the tune of Rs.95,000/- including operation charges, room charges, etc. It was further mentioned that some more expenses were also incurred but said amount was not claimed by him. It was further mentioned in the complaint that in the month of March 2015, the complainant faced the same problem of having pain in the left leg, left foot and back pain and he approached OPs No.1 and 2 on 23.03.2015. However, the OPs prescribed certain medicines and advised for physiotherapy. Thereafter, again in the month of June 2015