BEFORE THE STATE CONSUMER DISPUTES REDRESSAL COMMISSION AT PUDUCHERRY Dated this the 28^th day of October 2022 Consumer Complaint No.01/2016 Muruganandam, S/o.Kannan, Hindu, aged about 43 years No.6, Throupathiamman Koil Street, Lawspet, Pondicherry-8. … Complainant Vs

1. Dr.J.Nannan, M.B.B.S, Hindu, aged about 58 years Having Clinic at 74, Lenin Street, Kosapalayam, Pondicherry-13.

2. Dr.Mano, M.B.B.S., S/o.Rathinavel, Hindu, aged about 23 years Residing atNo.14, III Cross, Manicka Chettiar Nagar, Shanmugapuram, Pondicherry-9.

3. Rukkumani, W/o.Jayakumar, Hindu, residing at No.15, Rajaiyar Thottam, Pillaithottam, Pondicherry-13. .. Opposite Parties BEFORE:

HON’BLE THIRU JUSTICE R. PONGIAPPAN PRESIDENT THIRU.S.SUNDARAVADIVELU, MEMBER TMT.S. OUMASANGUERY, MEMBER FOR THE COMPLAINANT Thiru.A.Patchiyappan, Advocate FOR THE OPPOSITE PARTIES:

Thiru.V.Ravindran, Advocate.

O R D E R

(By Hon’ble Justice Thiru.R.Pongiappan)

The present complaint has been filed by the complainant under section

17(2)(a) of the Consumer Protection Act, 1986 as against the opposite parties for the following relief:

(a)Directing the opposite parties to pay a sum of Rs.60,00,000/- as compensation for the death of the complainant’s son, namely Ramkumar, due to the deficiency in service of the opposite parties to the complainant.

The case of the complainant is as follows:

2. The deceased Ramkumar is the son of the complainant. On 17.06.2015 the deceased Ramkumar complained about his stomach pain to his father and the complainant brought the deceased Ramkumar to the first opposite party’s hospital, namely Sri Krishna Nursing Home situated at No.74, Lenin Street, Kosapalayam, Pondicherry for treatment at 06.00 p.m. The second opposite party was the duty doctor, who immediately admitted the complainant’s son in the Nursing home and instructed the complainant to buy injection and other materials from the medical shop situated in the Nursing Home itself. Later, the complainant purchased the injection, namely, P-PPI Injection and Periset injection 2 ml. The second opposite party has also instructed the complainant to give Mosampi juice before administering injection. After consuming Mosampi juice by the deceased, the second opposite party administered injection and within a few seconds complainant’s son developed breathlessness. Even after reporting the same, none of the staff attached with the said Nursing home did not give any treatment. However, the complainant’s son died in the presence of the complaint, his wife and other relatives, who were present at that time.

3. The deceased Ramkumar was not suffering from any serious illness. He was hale and healthy and he was brought to the first opposite party’s hospital only for stomach pain. Due to the negligent act of the second opposite party, the deceased Ramkumar was died, which amounts to deficiency in service on the part of the opposite parties. So, a case has been registered in Cr.No.142/2015 on the file of the Station House Officer, Orleanpet Police Station, Puducherry. Before administering injection to the deceased, none of the clinical tests have been conducted to find out the real problem having by the deceased. Without applying proper method of medication, the second opposite party treated the deceased.

4. The deceased Ramkumar was studying 12^th standard at Government Higher Secondary School, Manjakuppam, Cuddalore. In the year 1994, the complainant’s wife also had undergone family planning operation and there will not be any possibility for the complainant to beget any child. Due to the death of Ramkumar, the complainant had undergone a great mental agony.

5. The first opposite party is the Managing Director of the Sri Krishna Nursing Home, who is vicariously liable to pay the compensation for the negligent act of the second and third opposite parties. The complainant has issued lawyer’s notice dated 11.01.2016 for which all the three opposite parties have issued reply notice dated 23.01.2016 with false allegations. Durin