STATE CONSUMER DISPUTES REDRESSAL COMMISSION UTTARAKHAND, DEHRADUN Date of Admission : 04.04.2019 Date of Final Hearing : 27.01.2026 Date of Pronouncement : 26.02.2026 SC/5/A/128/2019

1. Dr. N.K. Agarwal, Surgeon S/o Sh. Rameshwar Das City Hospital, Near Harikripa Petrol Pump Ranipur More, District Haridwar

2. Dr. Ravindra Goyal S/o Sh. Banarasi Das Goyal Dhanwantri Ultrasound, Chandrachary Chowk Ranipur More, District Haridwar (Through: Sh. Vijay Pal Tiwari, Advocate)

…..Appellants VERSUS

1. Sh. Amar Singh S/o Late Sh. Ilamchand R/o Mohalla Kadachh, Near Ice Factory, Jwalapur, Tehsil & District Haridwar (Through: None)

…..Respondent No. 1

2. National Insurance Company Ltd.

Branch Office: First 710-711, Opposite Sehgal Motors Sotiganj, Meerut - 250001 (Through: Sh. Suresh Gautam, Advocate)

…..Respondent No. 2 Coram:

Ms. Kumkum Rani, President Mr. C.M. Singh, Member

ORDER

(Per: Mr. C.M. Singh, Member):

This appeal under Section 15 of the Consumer Protection Act, 1986 has been directed against judgment and order dated 05.03.2019 passed by the learned District Consumer Disputes Redressal Forum, Haridwar (hereinafter to be referred as the District Commission) in consumer complaint No. 308 of 2013 styled as Sh. Amar Singh vs. Dr. N.K. Agarwal, Surgeon & Anr., wherein and whereby the complaint was allowed directing the opposite party Nos. 1 & 2 to pay Rs. 5,00,000/- as compensation for mental agony to the complainant alongwith interest @ 6% per annum from the date of filing the complaint case till the date of final payment and Rs.

10,000/- towards litigation expenses within a period of one month.

2. The facts giving rise to the present appeal, in brief, are as such that on dated 24.10.2012, the complainant suffered abdominal pain and approached to the opposite party No. 1 – Dr. N.K. Agarwal for consultation. It is alleged that the opposite party No. 1 advised him to undergo an ultrasound examination and recorded a prescription slip that he was suffering from appendicitis. The complainant was further advised to undergo surgery and was asked to deposit advance of Rs. 25,000/- towards proposed surgery. Feeling alarmed by the said advice, the complainant immediately underwent an ultrasound examination conducted by the opposite party No. 2, the report of which also indicated appendicitis. Thereafter, apprehensive about the surgery and expenses involved, the complainant visited Asha Hospital, Dehradun on dated 25.10.2012, wherein an endoscopy was performed under the supervision of Dr. Sanjay Saxena. According to the complainant, Dr. Sanjay Saxena ruled out appendicitis and instead diagnosed a minor abdominal infection, for which medication was prescribed. After taking the medicating prescribed by Dr. Sanjay Saxena, the complainant experienced relief. Subsequently, the complainant again underwent an ultrasound examination at another diagnostic center in Haridwar on dated 27.10.2012, which reportedly shows no evidence of appendicitis and indicated a normal condition. For further confirmation, the complainant underwent another ultrasound examination at opposite party No. 2 on dated 30.10.2012 with the reference of Dr. Shashikant and was found normal. The complainant contended that contradictory medical opinions caused him considerable mental agony and financial loss and he suffered anxiety and sleeplessness for several days. The complainant further stated that he paid Rs. 200/- each as consultation fees to the opposite party No. 1 and Rs. 400/- towards ultrasound conducted by opposite party No. 2. Since, the opposite parties are private practitioners providing medical services for consideration, the complainant submits that he falls under the definition of ‘consumer’ and accordingly instituted the present complaint for the deficiency in service by the opposite parties.

3. The opposite party No. 1 in its written statement denied all the allegations made in the complaint case and stated that the same are false and concocted. It is further submitted that wh