IN THE DELHI STATE CONSUMER DISPUTES REDRESSAL COMMISSION Date of Institution:09.03.2016 Date of hearing: 19.12.2024 Date of Decision: 24.02.2025 COMPLAINT CASE NO.-298/2016 IN THE MATTER OF ASHOK DUBEY MISSION COMPOUND SAHARANPUR, U.P (Through: Ms. Meera Mathur, Advocate)

…Complainant VERSUS

1. INDIAN SPINAL INJURIES CENTRE.

VASANT KUNJ, NEW DELHI MAJOR H.P.S. AHLUWALIA, CHAIRMAN

2. DR. HARVINDER SINGH CHHABRA MBBS MS(ORTHO)

SECRETARY, CHIEF OF SPINE SERVICES & MEDICAL INDIAN SPINAL INJURIES CENTRE DEPTT OF SPINAL SERVICES VASANT KUNJ, NEW DELHI.

(Through: Mr. Junaid Khan, Ms. Ruchika Rathi and Ms. Varsha Agarwal, Advocates)

…Opposite Parties CORAM:

HON’BLE JUSTICE SANGITA DHINGRA SEHGAL (PRESIDENT)

HO’BLE MR. J.P. AGRAWAL, MEMBER (GENERAL)

Present: None for the Complainant Mr. Garvit Byawat, Counsel for the Opposite Parties.

PER: HON’BLE JUSTICE SANGITA DHINGRA SEHGAL, PRESIDENT JUDGMENT

1. The present Complaint has been filed by the Complainant before this Commission alleging medical negligence on the part of Opposite Parties and has prayed for the following reliefs:

“a) Direct the Opposite parties to pay damages/ compensation to the Complainant to the extent of Rs.69,37,032/- as set out in para 8 'a' to 'f.

b) Impose punitive damages upon the Opposite parties to the extent of Rs.25,00,000/-only as set out in para 8-g and award the same to the Complainant c) Impose costs of proceedings upon the Opposite parties d) Any other and further reliefs as this Hon'ble Commission may grant & deem fit”

2. The brief facts necessary for the adjudication of the present Complaint are that sometime in October 2013, the Complainant experienced pain in left leg which increased day by day. Thereafter on 07.12.2013, the Complainant got MRI done at Max Hospital, Patparganj, Delhi and the report showed Disc Prolapse.

Subsequently, on 13.07.2014. Subsequently, the Complainant consulted Opposite Party No.2-Dr. Chabra at Opposite Party No.1- Indian Spinal Injuries Centre who diagnosed the Complainant's case as a case of Lumber Canal Stenosis L4-L5, indicating a medical condition wherein the spinal canal narrows and compresses nerves at the level of the lumbar vertebra. The Complainant was then admitted at Opposite Party No.1-centre. On 14.07.2014, the Opposite Party No.2-Doctor conducted Endoscopic Laminectomy operation on the Complainant in the lumbar (L4-L5) region of the back (lower back) for nerve root decompression and on 18.07.2014, the Complainant was discharged from the Opposite Party No.1 Centre in stable condition and the pain in the legs and lower back of the Complainant reduced and the post operative muscle strength/ power in the left and right lower limbs (legs) was found to be equal and normal from L2 to L5 and S1. After about a period of one and a half months, the pain returned and the Complainant again went to the Opposite Party No.1 centre and met Opposite Party No.2. The Opposite Party No.2 conducted a MRI on the complainant which revealed that an infection has developed in the area where surgery was conducted i.e. L4-L5 disc in spine (vertebrae). The Complainant was told that a biopsy would be done on the Disc to diagnose the exact nature of infection.

3. The neurological examination of the complainant conducted at the Opposite Party No.1 Centre on 17.09.2014 prior to biopsy procedure and at the time of admission at the Opposite Party No.1 Centre revealed that the power/ strength of the left and right lower limbs muscle was normal and comparable bilateral. On 19.09.2014, the biopsy was conducted by the team of Opposite Party No.1 doctors including the Opposite Party No.2 under general anaesthesia and it was noted that the Complainant immediately developed "Right Foot Drop. The neurological examination of the complainant conducted at the Opposite Party No.1 Centre immediately after biopsy on 19.09.2014 revealed that the power/ strength of the left and right lower limbs muscle was as under:

Lower Limb RIGHT LEFT L2 4 4 L3 5 5 L4 4 5 L5 4 5 S1 4 5

4