BEFORE THE GOA STATE CONSUMER DISPUTES REDRESSAL COMMISSION, PANAJI-GOA In the matter of First Appeal 25 of 2024.

Before: Adv. Mrs. Varsha R. Bale, Officiating President Adv. Ms. Rachna Anna Maria Gonsalves, Member Manipal Health Enterprises Pvt. Ltd., Manipal Hospital-Goa, Dr. E. Borges Road, Dona Paula, Panaji Goa, 403004. ..…Appellant-1 Dr. Jagannath Kulkarni, Manipal Hospital-Goa, Dr. E. Borges Road, Dona Paula, Panaji-Goa, 403004. ..…Appellant-2 V.

Mr. Amit Prasad, S/o Mr. Ram Bachan Prasad, Residing at 1578A, B.B. Borkar Road, Alto Porvorim, Bardez-Goa 403521. ....Respondent Adv. Mrs. Radha Pyari present for Appellant.

Adv. Shri. Clayton Fonseca present for Respondent.

DATE: 28/03/2025 JUDGEMENT [per Adv. Ms. Rachna Anna Maria Gonsalves, Member]

1. This Judgment and Order shall finally dispose off First Appeal 25/2024 u/s 41 of CPA 2019 filed by the Appellants challenging the Judgment and Order dated 31/08/2023 passed by District Consumer Disputes Redressal Commission, Porvorim, North Goa, (hereinafter District Commission) in CC/39/2020.

2. The Appellants herein before this Commission were the Opposite Parties and the Respondent was the original Complainant. The parties shall hereinafter be referred to as per their status in the Complaint. 3. The brief facts are as follows:

A. The case of the Complainant is:

i. That the Complainant is that he joined ICICI Bank Ltd. as ‘Deputy Manager’ after a rigorous selection and recruitment process. After having completed Bachelor of Engineering in Electronics and Telecommunications, he then completed his post graduate Diploma in Banking and Finance from Manipal Academy, at Bangalore. He was posted at Caranzalem Branch, ICICI Bank on 19/04/2017.

ii. As stated by the Complainant that had obtained medical services from Manipal Hospital at Dona Paula, Goa and on 01/05/2019, he began suffering from stomach pain and visited Campal Clinic, Campal, Panaji-Goa and the Doctor on duty diagnosed him for gastroenteritis and a pain killer and other medication was given. The Complainant began getting acute unbearable pain late at night and at the Complainant’s request, his roommate took the Complainant to the Opposite Party-1 i.e. Manipal Hospital at around 5.00 hours on 02/05/2019 and was checked physically by the Doctor in charge of Emergency ward. He conducted preliminary examination for blood pressure, temperature and also took samples of blood analysis. The Complainant was then made to undergo further investigation in terms of CT Scans, X-Ray and Ultra Sound and other examinations to which they diagnosed the Complainant for acute appendicitis by Dr. Jagannath Kulkarni who is Opposite Party-2.

iii. The Complainant stated that Dr. Jagannath Kulkarni of Opposite Party-1 advised him that he had to undergo the Surgery for removal of Appendix immediately and indicated that he was willing to conduct the surgery by 14.00 hours on that day itself i.e. on 02/05/2019, to which the Complainant resisted and Dr. Kulkarni and other Doctors on duty insisted that if the surgery was not done immediately, the same would be life threatening. They therefore sought a written note from the Complainant that they would not be responsible for the consequences and that the delay in surgery would be fatal, which was advised by them. Thereafter, at around 14.00 hours on 02/05/2019, the Complainant was taken to the operation theatre and was given a general anesthesia. The Complainant was then brought out of the operation theatre at around 16.00 hours on the same day and was further informed that the surgery was a laparoscopic surgery. The Complainant was treated at Opposite Party-1 Hospital for two days and was thereafter discharged on 04/05/2019, with an advice for 15 days of bed rest. The Opposite Party- 1 then raised a total bill for Rs.84,797/-(Rupees Eighty thousand seven hundred and ninety seven only) which was duly paid by the Complainant.

iv. Thereafter the Complainant joined regular work after the completion of 15 days and