STATE CONSUMER DISPUTES REDRESSAL COMMISSION MADHYA PRADESH FIRST APPEAL NO. SC/23/FA/12/2148 M.P.GOSWAMI PRESENT ADDRESS - null ,MADHYA PRADESH.

.......Appellant(s)

Versus DR. SMT. SHARDA GUPTA PRESENT ADDRESS - null ,MADHYA PRADESH.

.......Respondent(s)

BEFORE:

HON'BLE MRS. JUSTICE SUNITA YADAV , PRESIDENT HON'BLE MR. DR.SRIKANTH PANDEY , MEMBER FOR THE APPELLANT:

M.P.GOSWAMI FOR THE RESPONDENT:

DR. SMT. SHARDA GUPTA DATED: 21/05/2025

ORDER

M. P. STATE CONSUMER DISPUTES REDRESSAL COMMISSION, PLOT NO.76, ARERA HILLS, BHOPAL FIRST APPEAL NO. 2148 OF 2012

(Arising out of order dated 18.09.2012 passed in C.C.No.245/2009 by District Commission, Hoshangabad)

M.P.GOSWAMI,

S/O SHRI NARMADAPURI GOSWAMI,

R/O 281-B, HOUSING BOARD COLONY,

TEHSIL & DISTRICT-HOSHANGABAD (M.P.) … APPELLANT.

Versus

1. DR. SMT. SHRDHA GUPTA, GUPTA NURSING HOME AND MATERNITY CLINIC, OPPOSITE TELEPHONE EXCHANGE, SADAR BAZAR, HOSHANGABAD (M.P.)

2. ASHISH GUPTA.

DIRECTOR, GUPTA NURSING HOME AND MATERNITY CLINIC, OPPOSITE TELEPHONE EXCHANGE, SADAR BAZAR, HOSHANGABAD (M.P.)

3. DR. P.C. KARUN MD (MEDICINE)

R/O BESIDE SHRI RAM CHEMIST, OPPOSITE CHURCH, SADAR BAZAR, HOSHANGABAD (MP)

4. DR. ATUL SETHA, KESHAV HOSPITAL, NEAR BHAGYASHREE LODGE, HOSHANGABAD (MP)

5. DR. P. K. PANDEY, MD NATIONAL HOSPITAL, E-3/61 ARERA COLONY, OPPOSITE OLD CAMPION GROUND, BHOPAL

6. THE NEW INDIA ASSURANCE CO.LTD. BRANCH OFFICE- SECOND LINE, ITARSI, DISTRICT-HOSHANGABAD (M.P.)

7. THE ORIENTAL INSURANCE CO.LTD.

BRANCH OFFICE, FIFTH LINE, ITARSI, DISTRICT-HOSHANGABAD (M.P.) …. RESPONDENTS.

BEFORE :

HON’BLE JUSTICE SUNITA YADAV : PRESIDENT HON’BLE DR. SRIKANT PANDEY : MEMBER COUNSEL FOR PARTIES :

Shri A. S. Rathod, learned counsel for the appellant.

Shri Avnish Saxena, learned counsel for the respondent no.1, 2 & 4.

None for the respondent no.3.

Shri Mohan Chouksey, learned counsel for the respondent no.5.

Ms. Preetima Shrivastava, learned counsel for the respondent no.6.

Shri Ravindra Tiwari, learned counsel for the respondent no.7.

-2-

O R D E R

(Passed On 21.05.2025)

Per say Justice SunitaYadav This is an appeal by the complainant/appellant against the order dated

18.09.2012 passed by the District Consumer Disputes Redressal Commission, Hoshangabad (Now Narmadapuram) (for short ‘District Commission) in C.C.No.245/2009 whereby the complaint filed by him has been dismissed.

2. Facts of the case in brief are that the appellant/complainant has filed this complaint alleging that complainant's/appellant's wife Smt. Nirmalapuri Goswami (hereinafter referred to as 'patient') visited the opposite party no.1-Dr.Smt. Shradha Gupta on 02.06.2008 with complaint of pain in abdomen. On examination, the opposite party no.1 told the complainant that there is problem in uterus and thus advised hysterectomy. It was also told that the patient's hemoglobin was low and advised admission after 4-5 days. On 06.06.2008 the patient admitted in the nursing home of opposite party no.1 and 2 where opposite party no.3 after examination found her fit for surgery. On 06.06.2008 surgery was performed and took long time and the patient remained unconscious for whole night. Next day when the patient became conscious she complained of backache and ghabrahat. The opposite party no.1 instructed to stop the -3-

blood transfusion. The opposite party no.3 examined the patient and told that either there was blood transfusion reaction or septicemia. The patient was treated with Injection Avil, Decadron and Kenacort, which resulted in worsening the patient's condition. Thereafter the opposite party no.1-doctor referred the patient to a higher centre on 10.06.2008. The doctors of higher centre (opposite party no.5-National Hospital) told that the complainant delayed in bringing the patient for treatment as her condition worsened. She remained under treatment in opposite party no.5- hospital till 13.06.2008 and died in the hospital on 13.06.2008. It is alleged by the complainant that his wife died due to negligence and deficiency in service of opposite party no.1 to 4. Th