STATE CONSUMER DISPUTES REDRESSAL COMMISSION HARYANA FIRST APPEAL NO. SC/6/A/398/2017 AASTHA HOSPITAL PRESENT ADDRESS - MULTI SPECIALAITY HOSPITAL AND TRAUMA CENTRE DABWAI ROAD, SIRSA,HARYANA.

.......Appellant(s)

Versus MALKEET KAUR PRESENT ADDRESS - W/O MEWA SINGH VILLAGE JAGATGARH BANDRAN TEHSIL SARDULGARH DISTT.MANSA,HARYANA.

.......Respondent(s)

BEFORE:

MR. S . P . SOOD , JUDICIAL MEMBER MR. SURESH CHANDER KAUSHIK , MEMBER FOR THE APPELLANT:

MR. NITESH SINGHI, COUNSEL FOR APPELLANTS.

FOR THE RESPONDENT:

DR. NEETU GUPTA, PROXY COUNSEL FOR MR. TARUN GUPTA, COUNSEL FOR RESPONDENT.

DATED: 09/01/2026

ORDER

STATE CONSUMER DISPUTES REDRESSAL COMMISSION HARYANA, PANCHKULA Date of Institution: 05.04.2017 Date of final hearing: 09.01.2026 Date of order: 09.01.2026 First Appeal No.398 of 2017 IN THE MATTER OF:-

1. Aastha Hospital, Multi Specialty Hospital and Trauma Centre, Dabwali Road, Sirsa through its Director Dr. Sat Pal Narula.

2. Dr. Sat Pal Narula, M.D. (Medical and Heart Specialist), Director Aastha Hospital, Multi Specialty Hospital and Trauma Centre, Dabwali Road, Sirsa.

3. Dr. Rajneesh Narula, M.S., General Surgeon and Laparoscopic Specialist, Aastha Hospital, Multi Specialty Hospital and Trauma Centre, Dabwali Road, Sirsa.

...Appellants Versus Malkeet Kaur aged about 47 years wife of Sh. Mewa Singh, R/o Village Jagatgarh Bandran, Tehsil Sardulgarh, District Mansa.

…..Respondent CORAM: SH. S.P. SOOD, JUDICIAL MEMBER.

SH. S.C. KAUSHIK, MEMBER Present:- Mr. Nitesh Singhi, counsel for appellants.

Dr. Neetu Gupta, proxy counsel for Mr. Tarun Gupta, counsel for respondent.

ORDER

PER: S.P. SOOD, JUDICIAL MEMBER Delay of 54 days in filing of present appeal stands condoned for the reasons mentioned in application seeking condonation of delay.

2. In present appeal No.398 of 2017; legality of order dated 09.01.2017 passed by learned District Consumer Disputes Redressal Forum, Sirsa (In short “District Consumer Commission”) in complaint case No.128 of 2014 has been assailed; vide which complainant’s complaint has been allowed.

3. Complainant approached OP No.2 with the complaint of pain in the right side of abdomen. After conducting various tests, OP No.2 diagnosed complainant as a patient of Cholecystitis (inflammation of the gall bladder) and also cholelithiasis (presence of gall stones in the gall bladder). OP No.2 referred complainant to OP No.3 who got conducted various tests on 13.07.2013 and opined that there was a necessity of removing the gall bladder because there was collection of gall stones therein. Complainant was admitted in the hospital on 22.07.2013 when her gall bladder was removed by OP No.3 through surgery. Complainant got discharged on 24.07.2013. Rs.25,000/- was deposited by husband of complainant with OPs. Just after four-five days of the operation, she felt severe abdominal pain and started vomiting. Husband of complainant brought her to OP No.1- hospital and contacted OP No.3 with the complaint of post-operational complications. She was admitted in the hospital on 30.07.2013. OP No.3 stated that such complications are bound to occur after removing of the gall bladder and advised her to consult with OP No.2 for medicines. OP No.2 prescribed some antacids and pain killers but things remained unchanged. As complainant got no relief, therefore, her husband took her to Bathinda where Dr. G.S. Shekhawat, M.D. (Radio-diagnosis), Director Adesh Diagnostics Centre Bathinda conducted some radio-logical tests (MRCP) and opined that there was bile leak from the stump side and the same got collected in the abdomen and opined that she should be taken to some higher institute as the bile leakage could cause death. Then she was taken to Dayanand Medical College & Hospital, Ludhiana where she was admitted on 07.09.2013. After conducting various tests, the doctors found that there was collection of bile in the abdomen and bile leak was present due to injury to the bile duct. The doctors opined that there was serious threat to the life of the co