ADDITIONAL BENCH STATE CONSUMER DISPUTES REDRESSAL COMMISSION, PUNJAB, DAKSHIN MARG, SECTOR 37-A CHANDIGARH Date of Institution : 12.04.2023 Date of Reserve : 20.11.2025 Date of Decision : 13.01.2026 Doctor Nitin Aggarwal, Urologist Sri Balaji Hospital, Opposite Verka Milk Plant, Ludhiana.

……Appellant/Opposite party No.2 Versus

1. Amita Gupta daughter of Sh.Rameshwar Dass Gupta now wife of Parveen Bansal, resident of Model Town, Sahnewal-

141120, Tehsil and District Ludhiana.

….Respondent/Complainant

2. Doctor Kulwant Singh, Cardiologist, Kichlu Nagar, Ludhiana.

3. Doctor Raghuvir Sharma, Cardiologist, High Care Hospital Dugri, Ludhiana.

4. Doctor R.P.Singh, Cardiologist, Pancham Hospital, Near Canal Pakhowal Road, Ludhiana.

….Respondents/Opposite parties No.1, 3 & 4 AND

2) First Appeal No.288 of 2023 Date of institution : 26.04.2023 Reserved on : 20.11.2025 Date of decision : 13.01.2026

1. Doctor Kulwant Singh son of Sh. S.P. Singh, resident of 11-

D, Kitchlu Nagar, Ludhiana, Pincode 141001/

2. Doctor Raghuvir Sharma (Raghuveer Sharma as per Aadhaar Card) son of Sh. B.R. Sharma, resident of HI Care Hospital, Basant Avenue, Near B.C.M. School Dugri Road, Ludhiana.

….Appellants/Opposite parties No.1 & 3 Versus

1. Amita Gupta daughter of Sh.Rameshwar Dass Gupta now wife of Parveen Bansal, resident of Model Town, Sahnewal-

141120, Tehsil and District Ludhiana.

….Respondent/Complainant

2. Doctor Nitin Aggarwal, Urologist Sri Balaji Hospital, Opposite Verka Milk Plant, Ludhiana

3. Doctor R.P.Singh, Cardiologist, Pancham Hospital, Near Canal Pakhowal Road, Ludhiana.

….Respondents/Opposite parties No.2 & 4 First Appeals against the order dated 29.09.2022 passed by District Consumer Disputes Redressal Commission, Moga (Camp Court at Ludhiana) in RBT/CC/17/759 Quorum:-

Mr. H.P.S.Mahal, Presiding Judicial Member Mrs. Kiran Sibal, Member Present:-

(In FA/263/2023)

For the appellant : Sh.Karan Bansal, Advocate For respondent No.1 : Sh.Vidit Bansal, Advocate For respondents No.2 to 4 : Ex-parte (In FA/288/2023)

For the appellants : Sh. Karan Bansal, Advocate For respondent No.1 : Sh. Vidit Bansal, Advocate For respondents No.2 & 3 : Exparte KIRAN SIBAL, MEMBER This order shall dispose of the above noted two First Appeals preferred against the order dated 29.09.2022 passed by District Consumer Disputes Redressal Commission, Moga, Camp court at Ludhiana(in short, “the District Commission”), whereby the District Commission partly allowed the complaint of the complainant while granting the following relief:

“17. Hence, keeping in view the facts and circumstances of the case, the complaint is partly allowed and we direct all the opposite parties jointly or severally to pay lump sum compensation of Rs.5 lakhs (Rupees five lakhs only) alongwith interest @ 8% per annum from the date of filing the present complaint i.e. 18.10.2017 till its actual realization…………….”

2. First Appeal No.263 of 2023 has been filed by OP No.2 and First Appeal No.288 of 2023 has been filed by OPs No. 1 & 3 for setting aside the impugned order of the District Commission. The facts are taken from First Appeal No.263 of 2023 filed by the appellant/OP No.2 titled as “Doctor Nitin Aggarwal Vs. Amita Gupta & Ors.”

(FA 263 of 2023)

3. It would be apposite to mention that hereinafter the parties will be referred, as have been arrayed before the District Commission.

4. Brief facts for the disposal of the appeal, as set out in the complaint, are that the complainant’s father Sh.Rameshwar Dass Gupta, had developed urinary problem, for which he had undergone minor surgery by surgeon ‘Tarsem Monga’ of Monga Hospital, Jagadhari Road, Ambala Cantt., who inserted a pipe across stomach for urine discharge. However, the patient was not feeling well and for medical treatment, complainant called her father to Ludhiana in 2015 and visited Dr.Narender Jain, MD, Medicines of DMCH, Ludhiana. The doctor prescribed some medical tests, x-ray, ultra sound etc. and after going through the reports, the doctor advised him for a