KIRAN SIBAL, MEMBER

The instant appeal has been filed by the appellant/complainant against the impugned order dated 02.06.2022 passed by the District Consumer Disputes Redressal Commission, Amritsar (in short, “the District Commission”), whereby the complaint filed by the complainant against opposite parties ( in short ‘OPs’), under Section 12-13 of the Consumer Protection Act, 1986, has been dismissed being devoid of any merit.

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

Brief facts of the case, as set out in the complaint, are that the wife of complainant No.1 and mother of complainants No.2 & 3; namely, Smt. Gurbir Kaur got some skin rashes at her neck on 11.11.2011, due to which, she along with her husband Sh. Inderjit Singh approached OP No.2 for consultation at OP No.1-Hospital, who after examining the patient advised certain investigations and further advised to visit again on 12.11.2011. Thereafter on the said date, the complainant No.1 along with his wife visited OP No.2 after going through the said investigation. OP No.2 after examining the patient, referred her to OP No.3, who, without any probe or investigations to know the exact cause of the problem of rashes on her neck, put the patient on Anti Tuberculosis drug therapy. Thereafter, the problem and suffering of the patient was aggravating day by day but OPs No.2 & 3 continued the treatment with the said therapy without giving any proper attention and even did not refer the patient to some other specialized center to know the exact cause of the problem. Further, the OPs started aspiration of the fluid from the affected neck area w.e.f. 13.09.2012 till 05.02.2013 bi weekly, however, they did not get the aspiration investigated, which was against the medical protocol. Thereafter on 13.02.2013, the OPs advised CECT Scan and the same was got conducted at Dhillon C.T.Scan Centre, Amritsar. From the said CT scan report, it was established that there was no Tuberculosis, rather it was malignancy and further probe was advised. The complainant No.1 after getting the said report, approached another specialist, who after further probe, came to the conclusion that the patient was suffering from Malignancy and she was referred to a specialized Oncologist for further treatment. Accordingly, the patient took treatment from ‘Indraprastha Apolo Hospital’ for her ailment but it was too late and she ultimately succumbed with the malignancy and expired on 20.05.2013. The OPs had failed to detect the Malignancy timely and could not get conducted the specific investigations and further treated the patient in a very casual and unprofessional manner. Had the OPs applied the ordinary degree of skill and care required from a medical professional, there could not have been such a grave omission. The patient would not have reached in an advance stage of cancer and may have been prevented from the said disease and further her life would not have been wasted in a casual manner. Alleging medical negligence on the part of the OPs, the complainants filed consumer complaint before the District Commission and sought directions against the OPs to Rs.15 lakhs as compensation and further to pay Rs.5,00,000/- as cost of treatment as well as cost of litigation.

Upon notice, OPs No.1 to 3 appeared through counsel and filed their joint written reply, wherein they raised certain preliminary objections, which are not required to be reproduced here for the sake of brevity. On merits, they stated that wife of complainant No.1; namely, Gurbir Kaur (since deceased) had come to OP No.2 for the first time either on 09.11.2011 or 10.11.2011 with the complaint of enlarged left Cervical Lymph Nodes and she was advised to undergo F.N.A.C. Thereafter, Anti Tubercular treatment was started after proper confirmation with F.N.A.C. report of left cervical lymph node got done from Nijjar Lab and Diagnostic Centre, which showed Histiocyt