(PER HON’BLE SRI V.V.SESHUBABU, MEMBER-JUDICIAL)

1. The complaint is filed U/s.17 of Consumer Protection Act, 1986, seeking directions against to Opposite Parties to pay compensation of Rs.75,00,000/- with interest @18% per annum from 24.11.2016 till realization and for costs of Rs.25,000/-.

2. The brief averments of the complaint are that the Complainants are the parents of Ms. Dovuluri Punya Shruthi, age 25 years (hereinafter will be called as patient) who was an employee in HDFC Bank; that on 15.11.2026 as the patient was suffering with fever, taken to the Opposite Party No.1 hospital by the Complainant No.1 as an outpatient and after treatment returned to the home; that on 17.11.2016 the patient had the symptoms of vomitings and motions and again taken to the same hospital; that Opposite Party No.1 started treatment for multiple assumed ailments without proper medical examination; that no blood sample was taken during the treatment; that blood samples were taken only after Complainant No.2 enquired about the same; that the Doctors were unable to diagnosis the ailment accurately; that at the time of admission patient was able to talk, but on 18.11.2026 the parents found no improvement in the patient, but situation became worse; that the Opposite Party No.1 on enquiry made by the parents informed that they have no sufficient expertise to treat and handed over a referral letter for better treatment.

3. The other averments of the complaint are that the patient was shifted to Opposite Party No.2 on 18.11.2016 at 8:30 AM and Dr. Sandeep suspected the condition due to a brain fever, but no treatment was started till 3:00 PM; that only IV fluids were given; that the Doctors have neglected and refused to look into the previous medical records of Opposite Party No.1 hospital; that at 4:30 PM patient was shifted to MICU with suspicion of post viral encephalitis which is an inflammation of the brain is there, but can be caused by different viruses; that no glycemic control drugs were given though sugar levels were rising; that on 19.11.2016 midnight at 1:00 AM informed the Complainants, seeking permission to keep the patient on ventilator and rushed to the hospital from their house; that to their shock patient was removed from ventilator and Doctor informed that, the patient was out of danger, but the patient continued to be in MICU; that after 24 hours of the diagnosis for acute disseminated encephalitis, started giving steroids, but even on 19.11.2016 no sugar control medicines were administered; that on the same day night, patient suffered cardiac arrest resulting increased heart beat and blood pressure; that the first Doctor came to see her after cardiac arrest was only on 20.11.2016 at 11:00 AM and the Doctor declared the patient as brain dead; that no subsequent tests were conducted; that the patient was officially declared as brain dead on 21.11.2016; that as the treatment was not to the satisfaction of the Complainants, they decided to shift her to another hospital and then taken her to Apollo Hospitals, Jubilee Hills; that the Opposite Party No.2 hospital charged then final bill for Rs.2,48,662/- and they have even refused to allow the patient to take until amount is given; that they have collected for postdated cheque 26.11.2016 for the said amount and permitted the patient to leave the hospital; that on the requests of Complainants the Opposite Party No.2 promised not to present the cheque for collection as they agreed to pay the amount shortly; that the patient passed away in the early hours of 24.11.2016 around 1:00 AM in the Apollo Hospital; that against the promise cheque was presented for collection and the legal notice was issued for dishonor of cheque. The acts and actions of the Opposite Party No.1 & 2 amounts to negligence and deficiency of service; hence, the complaint.

4. The brief averments of the written version of Opposite Party No.2 is that complaint is not maintainable either on facts or under law; that the