IN THE DELHI STATE CONSUMER DISPUTES REDRESSAL COMMISSION Date of Institution: 04.04.2018 Date of hearing: 19.12.2024 Date of Decision: 07.03.2025 FIRST APPEAL NO.-173/2018 IN THE MATTER OF

1. SH. LAXMAN KUMAR SINGH (Deceased)

2. NAGESHWAR PRASAD SINGH

3. SH. HARVEER SINGH

4. SH. DEEPAK KUMAR SINGH ALL S/O LATE SH. GIRO SINGH, ALL R/O B-1007A, GALI NO. 1, DEEN DAYALPURI, ASHRAM ROAD, NAND GRAM, GHAZIABAD, UP-201003 (Through: Mr. Kumar Dharmendra, Advocate)

…Appellant VERSUS ALL INDIA INSTITUTE OF MEDICAL SCIENCE, THROUGH ITS DIRECTOR, ANSARI NAGAR, NEW DELHI-110029 (Through: Mr. Nikhil Mehra, Advocate)

…Respondent CORAM:

HON’BLE JUSTICE SANGITA DHINGRA SEHGAL (PRESIDENT)

HON’BLE MR. J.P. AGARWAL, MEMBER (GENERAL) Present: Mr. Kumar Dharmendra, counsel for the appellant (Enrl. No. D/384/F/94 , Mobile: 9313017700)

None for the respondent PER: HON’BLE JUSTICE SANGITA DHINGRA SEHGAL, PRESIDENT

JUDGMENT

1. The facts of the case as per the District Commission record are as under:

“Briefly stated, the case of the complainant is that the complainant felt some problem in his right eye and visited OP hospital for eye check up on 25.11.02 vide card No.404842 and on the same day he was diagnosed for cataract and the doctor of OP hospital advised him for operation for which he was admitted on 26.12.02 for operation and paid Rs.375/- for medical expenses for the operation and other miscellaneous services to be provided by the OP. The complainant was operated on 28.12.02 by Dr. Amol of the OP hospital and the doctor assured him that his vision will come back. After short while of the operation the pus started coming out of the eye. Immediately the complainant apprised the problem to Dr. Amol but no action was taken by Dr. Amol and other staff of the Op hospital. Rather, the doctor was willing to discharge the complainant after 3-4 days of the operation without taking any care of the eye of the complainant. At his request, the complainant was allowed to stay for 2-3 more days in the OP hospital but there was no improvement in his condition and ultimately he was discharged from the OP hospital on 06.01.03.

The complainant was feeling severe pain in his eye, went to the OP hospital 2-3 times in January, 2003 but the complainant was not attended properly and was advised to come after 3 months for check up. The complainant thereafter visited M.м. Hospital, Ghaziabad for check up of his eye but after looking at the bad condition of his eye the doctor was not ready to attend the complainant and referred him to the OP hospital. The complainant visited the OP hospital on 05.02.2003 and contacted Dr. H. K. Tiwari, doctor-in chief of Dr. R. P. Centre who referred the case to Dr. Rajpal but nothing was done by the doctor of the OP hospital. On 10.02.03 and lastly on 15.02.03, the complainant again went to the OP hospital with the hope of getting treatment as his eye condition was deteriorating where Dr. Amol prescribed some medicines and stated to the complainant that now nothing can be done with the eye of the complainant and the vision of the complainant will never come back in the right eye. It is stated that due to the negligence of Dr. Amol of the OP hospital the complainant has totally lost vision in his right eye which has caused considerable loss to the capacity of earning of the complainant and he had to incur huge expenditures towards the post operation implications to which the complainant is entitled to get from the OP hospital which be never can compensated in terms of the money. The complainant sent a legal notice dated 27.02.03 to the OP but no action was taken by the OP hospital. Hence, pleading medical negligence on the part of treating doctor and the OP hospital the complainant has prayed that the OP hospital be directed to pay Rs.5 lacs as damages for the total loss of the right eye of the complainant as well as for mental agony and physical agony undergone by the complainant.

Vide statement dated 15.01.2009 the name of Dr. Amol has been got dele