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

COMPLAINT CASE NO. 21/2007 Instituted on 29.9.2007 Decided on .01.2026

1. Vinay Kumar Bhatt S/o Late Durga Dutta Bhatt

2. Smt. Pratima Bhatt W/o Vinay Kumar Bhatt

3. Smt. Neeta Bhatt W/o Late Paresh Bhatt 4. Master Vedant Bhatt S/o late Paresh Bhatt Through his natural guardian mother Smt. Neeta Batt W/o Late Paresh Bhatt.

All having address at:

2410, E-Sector, Sudama Nagar Indore (M.P.). ... Complainants VERSUS.

1. Dr. Baldeo Dembani MS (General Surgery)

25/A, Bhawanipur Colony Annapurna Road Opp. New Golden School Indore (M.P.) – 452 009

2. Dr. Nitin Mahabale Consultant Anesthesiologist Arihant Hospital & Research Centre

283-A, Gumasta Nagar Indore (M.P.) – 452 009

3. Arihant Hospital & Research Centre

283-A, Gumasta Nagar, Indore (M.P.) – 452 009

4. Dr. Amitabh Goel Consultant Choithram Hospital & Research Centre Manik Baug Road Indore (M.P.) – 452 014

5. Choithram Hospital & Research Centre Manik Baug Road Indore (M.P.) – 452 014

6. The Oriental Insurance Company Ltd.

C.B.O. – VII, 201-E, Johari Palace

51, M.G. Road, Indore (M.P.) – 452 001 Through Branch Manager

7. The Oriental Insurance Company Ltd.

Divisional Office III, 11 B Ratlam Kothi Indore (M.P.) – 452 001 Through Divisional Manager

8. National Insurance Company Ltd.

Gokul Bhawan, 11, Dr. Sarju Prasad Marg South Tikoganj Indore (M.P.)

Through Branch Manager ... Opposite parties BEFORE;

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

MS. PRANEESHA NAYYAR, LEARNED COUNSEL APPEARS ON BEHALF OF SHRI RAVINDRA CHHABRA, LEARNED COUNSEL FOR COMPLAINANTS.

MS. KHUSHBOO STHAPAK, LEARNED OCUNSEL APPEARS ON BEHALF OF SHRI DEEPESH JOSHI, LEARNED COUNSEL FOR OPPOSITE PARTIES NO. 1, 4 AND 5.

SHRI S.C. SHARMA, LEARNED COUNSEL FOR OPPOSITE PARTY NO.2.

SHRI VISHNU TIWARI, LEARNED COUNSEL APPEARS ON BEHALF OF SHRI MOHAN CHOUKSEY, LEARNED COUNSEL FOR OPPOSITE PARTY NO.3.

NONE FOR OPPOSITE PARTIES NO. 6 AND 7.

SHRI DEEPESH SHUKLA, LEARNED COUNSEL FOR OPPOSITE PARTY NO.8.

O R D E R

( 22.01.2026 )

The following order of the Bench was delivered by Dr.

Monika Malik, Member.

This complaint under Section 17 of the Consumer Protection Act, 1986 (hereinafter referred to as 'Act'), has been filed by the legal representatives of Paresh Bhatt (hereinafter referred to as ‘patient’) and are therefore ‘consumer’ as defined under Section 2(1)(b)(v) of the Act.

2. Brief facts of the complaint are that the patient, who was non-diabetic and non-hypertensive, had pain in his abdomen. He therefore, consulted Dr. Mahesh Kothari. On the basis of ultrasonography report, which was conducted on 16.1.2006, the patient was advised hernioplasty. The patient consulted opposite party No.1/doctor, who advised certain tests. The patient was admitted in the opposite party No.3/Hospital on 2.6.2006 for surgical correction of ‘left inguinal hernia’. On 3.6.2006, when the operation was about to commence at 7 am. Anesthesiologist/opposite party No.2 was called for administering anesthesia. During pre-anesthetic checkup, the B.P. of the patient was recorded at 160/100 mmHg. It is alleged that despite high blood pressure, surgery was started on 3.6.2006. During surgery the opposite party No.1/doctor stated to have noticed ‘lipoma of the cord’ in addition to ‘left inguinal hernia’. It is alleged that the excised tissue was neither preserved nor sent for histopathological examination for its diagnosis and confirmation. It is alleged that septicemia is said to have developed on 4.6.2006, i.e. within less than 48 hours of surgery. Post-surgery the patient went in hypotension, his B.P. was unstable, but no physician attended him. There has been willful act of gross negligence in monitoring the patient by the opposite parties, due to which the patient suffered post-operative complications and died. Therefore, alleging deficiency in service against the opposite parties, the complainants filed instant complaint, seeking relief.