M.P.STATE CONSUMER DISPUTES REDRESSAL COMMISSION PLOT NO. 76, ARERA HILLS, BHOPAL (M.P.)

APPEAL NO. 57/2015

1. Dashrat Prasad Gupta S/o Ram Avtar Gupta R/o Tikuria Tola , Thana Kolgava District Satna (M.P.)

2. Priya Gupta D/o Dashrat Gupta R/o Tikuria Tola , Thana Kolgava District Satna (M.P.) ... Appellants VERSUS.

1. Dr. Smt. Maya Pandey Surgeon, District Hospital Satna (M.P.)

2. Dr. Vekatesh Agrawal Surgeon, Nahar Nursing Home Bharhut Nagar Satna (M.P.)

3. Dr. Sanjay Maheshwari Surgeon, MP Birla Hospital Birla Vikas Satna (M.P.)

4. The New India Assurance Company Ltd.

Divisional Office, Rewa Road Satna (M.P.)

5. Chief Medical and Health Officer District Hospital Satna Satna (M.P.) ... Respondents BEFORE:

HON’BLE JUSTICE SUNITA YADAV, PRESIDENT HON’BLE DR. SRIKANT PANDEY, MEMBER COUNSEL FOR THE PARTIES:

SHRI YASH VIDYARHTI, LEARNED COUNSEL FOR APPELLANT.

NONE FOR RESPONDENTS NO. 1 AND 5.

RESPONDENT NO.2-DR. VENKATESH AGRAWAL IN PERSON.

SHRI DEEPESH JOSHI, LEARNED COUNSEL FOR RESPONDENT NO.3.

SHRI AJMAL TIRMIZI, LEARNED COUNSEL FOR RESPONDENT NO.4.

O R D E R

( 21.07.2025 )

Per say - Justice Sunita Yadav, President.

This appeal by the appellants/complainants (hereinafter referred to as ‘complainants’) is directed against the order dated 5.11.2014, passed by the District Consumer Disputes Redressal Commission, Satna (for short ‘District Commission’), in complaint case No. 421/F/2012, whereby the District Commission has dismissed the complaint filed by them. 2. Briefly put, the facts of the case are that initially treatment of wife of complainant No.1 and mother of complainant No.2-Late Smt. Shanti Gupta (hereinafter referred to as ‘deceased’) was done by Dr. Maya Pandey in District Hospital, Satna from 23.11.2011 to 7.12.2011. Because of infection and fibroid in the uterus, surgery for removing uterus (Hysterectomy) of deceased, was also performed by Dr. Maya Pandey, during the period from 23.11.2011 to 7.12.2011 and she was discharged on 7.12.2011. On 6.3.2012, deceased visited opposite party No.2-Dr. Venkatesh Agrawal, who on C.T. Scan of abdomen of deceased found that there is infection in her stomach and there was some foreign body in the pelvis area and on 14.3.2012 surgery of abdomen of deceased was performed. On surgery a growth of tissues on the foreign body was found and because of doubt of cancer, a piece of tissue was taken and send it for biopsy and on biopsy cancer was confirmed, the deceased was advised to take treatment in some cancer centre. Thereafter the deceased was admitted in Birla Vikas Hospital for treatment from 2.7.2012 to 16.7.2012 where radiotherapy was done and on C.T. Scan of abdomen foreign body was found in the abdomens/pelvis area. For removing the foreign body, surgery was performed by opposite party No.3. Dr. Sanjay Maheshwari on 25.7.2012 and piece of cloth and infected tissues were removed from the stomach of deceased but shed died on 25.7.2012. Thus, alleging deficiency in service on the part of opposite parties, the complainants approached the District Commission by filing the aforesaid complaint, seeking relief.

3. Opposite party No.1-Dr. Maya Pandey in her reply before the District Commission though admitted that she had treated the deceased in District Hospital, Satna 23.11.2011 to 7.12.2011 and due to infection and fibroid in the uterus, hysterectomy was also done by her. The deceased was discharged on 7.12.2011, thereafter neither the patient nor her relatives contacted her. It has been further stated that no fee has been taken from the deceased for treatment and the treatment of the deceased was done free of charge. It has been further stated that she has not committed any negligence in the treatment of the deceased. She has not left any cloth in the abdomen of the deceased while performing the surgery.

There is no negligence in service on her part and the complaint is liable to be dismissed.

4. Opposite party No.2-Dr. Venkatesh Agrawal in his reply before the District commission submitted that the decea