PER RAJESH K. ARYA, MEMBER

The instant appeal has been filed by the complainant – Mrs.Kavita (appellant herein) for setting aside order dated 09.12.2024 passed by District Consumer Disputes Redressal Commission-I, U.T., Chandigarh (hereinafter to be referred as ‘District Commission’) vide which, her Consumer Complaint bearing No.941 of 2022 has been dismissed finding no deficiency in service on the part of the opposite parties.

2] Briefly stated the case of the complainant, before the District Commission, was that she was mother of the deceased late Ms. Gurpreet Kaur, who expired at the young age of 19 years, due to deficiency in service by opposite parties. Late Ms. Gurpreet Kaur was bright and meritorious student, who had obtained more than 91.2 % marks in class 10+2 and was at the relevant point of time studying in B.Com, 1st year from Govt. Commerce College, Sector 50, Chandigarh. She had excellent track record in academics and other extra-curricular activities with an eye on cracking UPSC/Civil Services Examination.

3] On 19.12.2021, due to diarrhea for three days along with cough and slurred speech for about four days, Ms. Gurpreet Kaur was taken to GMSH, Sector 16, Chandigarh (opposite party No.1 Hospital) by the complainant and her father, where the doctors, after clinical checkup, in an utmost gross, rash and negligent manner, without making any diagnosis or advising any blood tests or other investigations, simply prescribed some medicines. Despite her blood pressure being 100/60, opposite party No.1 Hospital, through its attending doctors, did not bother to admit Ms. Gurpreet Kaur. In a most rash and negligent manner, at around 6:57 pm on 19.12.2021, opposite party No.1 prescribed Aciloc 1 ampoule stat, Buscopan 1 ampoule injection, Tab Zecalo and IV Fluid (Normal Saline) and thereafter, without any investigations, blood tests or diagnosis, discharged Ms. Gurpreet Kaur at around 8:10 pm by advising Tab Ciplox TZ BD for 3 days, Tab Pantop 40 BD for 3 days, Tab Sporolac 1 BD, ORS Zoom, and follow-up in Medical OPD.

4] It was averred that opposite party No.1 Hospital, including its treating doctors, were deficient and indulged in unfair trade practices as, despite recording the BP of Ms. Gurpreet Kaur as 100/60 on 19.12.2021 at 2:07 pm, they neither treated the said condition nor prescribed any medicine for the same, and no cardiologist was called. Opposite party No.1 Hospital and its treating doctors did not even bother to make any diagnosis or order any blood test or other investigations despite Ms. Gurpreet Kaur having diarrhea for the last three days and slurred speech. No ECG or ultrasound was recommended despite her pulse rate being 169 bpm, and they did not even bother to check her body temperature. The complainant ran from pillar to post to get Ms. Gurpreet Kaur admitted, but opposite party No.1 Hospital and its treating doctors refused to admit her. It was further stated that in view of the medical emergency, opposite party No.1 Hospital and its treating doctors could have referred Ms. Gurpreet Kaur to PGIMER, Sector 12, Chandigarh or any other hospital if they were short of beds or equipment; however, from their act and conduct, it was clear that they were totally non-serious, negligent and instrumental in causing the death of Ms. Gurpreet Kaur due to their gross, rash and negligent acts.

5] It was further stated that in these circumstances, the complainant including other family members came in contact with opposite party No.2 - Hospital. Thereafter complainant visited clinic of opposite party No. 3 – doctor. On the visit, it transpired that said doctor at that point of time was in opposite party No.2 - hospital and he told complainant to come there. Thereafter complainant visited opposite party No.2-hospital on 20.12.2021 at about 8:30 am in the morning alongwith her daughter on scooter and after some time, the father of Ms. Gurpreet Kaur also reached there.

6] It was further stated th