ADDITIONAL BENCH STATE CONSUMER DISPUTES REDRESSAL COMMISSION, PUNJAB, DAKSHIN MARG, SECTOR – 37A, CHANDIGARH.

Date of Institution: 21.11.2022 Reserved on : 09.12.2025 Decided on : 16.12.2025 Som Nath @ Kapil aged about 45 years s/o Sh. Chanan Ram, R/o H.No.10228, Street No.1 Indra Colony, Rahon Road, Bharat Nagar Chowk, Ludhiana, District Ludhiana. Adhaar Card No.9897 0407 9675 &

mobile No.9417312104 .….Appellant/Complainant Versus

1. Satguru Partap Hospital, SJS Healthcare Ltd., Sherpur Chowk, G.T.Road, Ludhiana-141003, (Pb). Through its Managing Committee.

2. Dr. Davinder Pal Singh Senior Consultant Department of Neuro Surgery, Satguru Partap Hospital, SJS healthcare Ltd., Sherpur Chowk, G.T.Road, Ludhiana- 141003, (Pb).

3. The United India Insurance Company Ltd. 42-C, 3^rd Floor, Moolchand, Commercial Complex, New Delhi-110024.

4. The New India Assurance Company Ltd., 29-Atam Nagar, Dugri Road, Ludhiana.

.....Respondents/Opposite parties First Appeal under Section 41 of the Consumer Protection Act, 2019 against order dated 06.09.2022 passed by District Consumer Disputes Redressal Commission, Kapurthala, Camp Court at Ludhiana in RBT/CC/541/2016 Quorum:-

Mr. H.P.S. Mahal, Presiding Judicial Member Ms. Kiran Sibal, Member Present:-

For the appellant : Sh. H.K. Sammi, Advocate For respondent No.1 : Sh. Pulkit Sachdeva, Advocate For respondent No.2 : Ms. Jasleen Kaur, Adv. Proxy for Sh. M.S. Khillan, Advocate For respondent No.3 : Sh. D.P. Gupta, Advocate For respondent No.4 : Ms. Swatantar Kapoor, Advocate.

KIRAN SIBAL, MEMBER The instant appeal has been filed by the appellant/complainant against the impugned order dated 06.09.2022 passed by the District Consumer Disputes Redressal Commission, Kapurthala, Camp Court at Ludhiana (in short, “the District Commission”), whereby the complaint filed by the complainant against opposite parties ( in short ‘OPs’), under the Consumer Protection Act, 2019, has been dismissed.

2. It would be apposite to mention that hereinafter the parties will be referred, as have been arrayed before the District Commission.

3. Brief facts of the case, as set out in the complaint, are that the complainant was having backache with pain in bilateral lower limb and weakness in right foot and was diagnosed with “PIVD L5-S1 with Grade-I Spondylolisthesis”. He got admitted in OP No.1-Hospital on 28.05.2013 for treatment of said ailment, where he was thoroughly examined and transforminal lumber inter body fusion was done on the same day i.e. 28.05.2013 by OP No.2. Post operative, he complained of pain in the right limb and CT spine revealed mild medical placement of the L5 screw. Repositioning of the screw was done on 29.05.2013, but he still did not recover from the said ailment and was discharged on 01.06.2013. After 15 days of surgery, the complainant again started complaining of backache and he came to OPD of OP No.1 along with MRI, which he got it done from outside. The said MRI revealed post operative changes along with artifact due to the presence of the spacer. He was given conservative therapy, but there was no improvement in the condition of the complainant. The doctors decided to re-explore and surgery was again done on 21.06.2013. Intra-operative, it was found that there was no pressure over the thecal sac and the nerve root, as such, L-4 vertebrae was also fixed along with L-5 and S-1 vertebrae. Post operative, he felt improvement and regular physiotherapy was carried out. After discharge from the hospital on 04.07.2013, the complainant approached Chief Medical Officer, Ludhiana and Health and Welfare Ministry of Punjab for medical negligence and carelessness committed by OPs No.1 & 2 during surgery and committee was formed for evaluation of injuries suffered by the complainant. The said committee advised to forward the matter to specialized, skilled and qualified staff of Punjab Medical council and accordingly the matter was shifted to PGI Chandigarh. Thereafter, the complainant again suffered critical pain