BEFORE THE RAJASTHAN STATE CONSUMER DISPUTES REDRESSAL COMMISSION, UDAIPUR FIRST APPEAL NO: 130/2024 Dr. Sanjiv Haribhakti Male Hindu, Aged 58 years, working as a Gastrointestinal (GI) Surgeon, Kaizen Hospital, having its address at: - A unit of G.I. Healthcare Pvt. Ltd. 132, Ft Ring Road, Helmet Circle, Memnagar, Ahmedabad-

380052, Gujarat …Appellant/Opposite Party -VERSUS-

Shri Prakash Chandra Talati S/o Shri Nathulal Talati, Jain, Male, Aged 70 years, Residing at- Gram Bagidaura, Taluka (Tehsil)-

Bagidaura, Dist. Banswara, Rajasthan.

…Respondent/Complainant Before

HON’BLE MR. A.K. AGARWAL – MEMBER (Judicial)

HON’BLE MR. R. N. SARSWAT - MEMBER (Non-Judicial)

Present:

For Appellant: Mr. Ravindra Sing Hiran, Advocate For Opponent: Mr. Ashok Bhatt, Advocate Dated: 13/01/2026

Judgment

Authored by: Hon’ble Mr. R. N. Sarswat – Member Complainant’s Version The case of the Complainant, Mr. Prakash Chandra Talati, is that his wife, late Smt. Shakuntala Devi (hereinafter referred to as the Deceased), was admitted for medical treatment at Kaizen Hospital on 21.12.2021, where she came under the care of Dr. Sanjeev Haribhakti, a specialist gastrointestinal surgeon (hereinafter referred to as the Opposite Party/Appellant).

The Complainant stated that after conducting necessary investigations, the Opposite Party informed the deceased and her family members that she was suffering from a tumor in the food pipe, which required surgical intervention. It was further stated that the Opposite Party assured that the surgery would cost Rs.3,77,756/- and that the deceased would be discharged within a period of twelve days. Relying upon the said representation, the deceased underwent the surgical procedure on 22.02.2022 after paying the aforesaid amount.

The Complainant alleged that due to the negligence on the part of the Opposite Party, the stitches at the site of operation burst, resulting in the formation of a hole measuring about 25 mm, which could not be cured. It was further alleged that water started leaking from the said hole within the body of the deceased. According to the Complainant, despite undergoing multiple treatments and surgeries thereafter, and despite having paid a total amount of Rs.22,21,269/-, the condition of the deceased did not improve.

The Complainant further alleged that due to internal water leakage, the deceased developed several complications after the surgery, including respiratory failures, which were not properly managed. It was stated that the health condition of the deceased progressively deteriorated, and she ultimately expired on

15.06.2022 Proceedings before the DCDRC Aggrieved by the alleged negligent medical treatment, the Complainant filed Consumer Complaint No. CC/51/2022 before the District Consumer Disputes Redressal Commission, Banswara (hereinafter referred to as the DCDRC), on 03.08.2022, seeking a sum of Rs.22,21,269/-, being the amount stated to have been paid towards medical treatment, along with interest from the date of filing of the complaint. The Complainant also sought compensation of Rs.5,000/- towards litigation expenses and other consequential reliefs.

Upon admission of the complaint, the DCDRC issued notice to the Opposite Party Doctor. As per the record, the Opposite Party did not enter an appearance before the District Commission, nor did it file any written version or evidence in response to the allegations contained in the complaint.

In view of the absence of the Opposite Party, the DCDRC proceeded to hear the matter ex parte. The Commission adjudicated the complaint on the basis of the pleadings, affidavit, and documents produced by the Complainant.

In support of his case, the Complainant filed an evidence affidavit along with relevant documents, including the Aadhaar cards of the Complainant and the deceased, the Death Certificate, the Cost Estimation form and letter, Inpatient Bills, and the Registered Legal Notice.

Order of the DCDRC The DCDRC, Banswara, after considering the pleadings and documen