Back
IN THE STATE COMMISSION: DELHI
(Constituted under section 9 of the Consumer Protection Act, 1986)
Date of Hearing:28.07.2021
Date of Decision:05.08.2021
Complaint No. 108/2021
IN THE MATTER OF
MRS. POONAM SHARMA
W/o Late Sh. Rajesh Sharma
2467/192, Opp. Agrawal Nursing Home
Tri Nagar, Delhi-110035
….Complainant
VERSUS
1. INSTITUTE OF LIVER & BILIARY SCIENCES
D-1, Vasant Kunj, New Delhi-110070
2. DR. A.K. SOOD
3. SR. SUSHANT SINGH
4. DR. VINAY KUMAR
5. DR. PINAKAR,
6. DR. RAVI,
7. DR. VARDAVE,
8. DR. RAKHI,
9. DR. ABHIJIT
10. DR. VINOD AND
11. DR. S.K. SAREEN
C/o Institute of Liver and Biliary Sciences
D-1, Vasant Kunj, New Delhi-110070
....Opposite Party
HON’BLE SMT. JUSTICE SANGITA DHINGRA SEHGAL (PRESIDENT)
HON’BLE SH. ANIL SRIVASTAVA, MEMBER
1. Whether reporters of local newspaper be allowed to see the judgment?
Yes
2. To be referred to the reporter or not?
Yes
Present:
Sh. R.N. Sharma, Counsel for the complainant
PER: ANIL SRIVASTAVA, MEMBER
JUDGEMENT
1.
This complaint under Section 35 of the Consumer Protection Act 2019,
the Act, has been filed by Smt. Poonam Sharma, resident of New Delhi, for short
complainant against the Institute Liver & Biliary Sciences and ors, hereinafter
referred to as OPs, alleging negligence on the part of the OPs leading to the demise of
the complainant’s husband and praying of the relief as under:-
In the premises aforesaid, it is prayed that the respondents be
directed to pay to the complainant a sum of Rs. 2,00,00,000/- for
causing harassment, irreparable, irreversible permanent loss due to
the death of husband of complainant alongwith interest thereon @
24% from the date of death i.e. 23.05.2019 till the realisation of
compensation with medical expenses of Rs. 406,403/- and Rs.
5,50,000/- being the cost of the present litigation and other
miscellaneous expenses.
Any other or further relief this Hon’ble Commission would like to
pass in favour of the complainant.
2.
Facts of the case necessary for the adjudication of the complaint are these.
3.
The complainant’s husband since not feeling well was taken to a local
Doctor sh. Ashok Agrawal on 23.04.2019 who suggested certain tests and thereafter
informed the complainant that the husband of complainant was suffering from
Jaundice when he was admitted in Agrawal Nursing Home on 24.04.2019 but was
discharged on 30.04.2019. The complainant thereafter took her husband to the OPD
of OP hospital on 05.05.2019 where Dr. Ashok Choudhary after examining the
admission/discharge summary and other treatment papers of Agrawal Nursing
Home, suggested few more tests and the patient was accordingly admitted in the
hospital for further treatment. Dr. Ashok Choudhary assured that the complainant’s
husband would be right within a week after taking certain medicines. On the
recommendations of Dr. Choudhary the complainant was admitted and taken to
General Ward of the hospital on 05.05.2019 where he remained till 20.05.2019
where after performing various tests, laboratory investigations, the patient was
diagnosed as “ACUTE ON CHORNIC LIVER FAILURE – ALd+ AH and was treated for
the same. However the condition of the patient deteriorated and owing to the
doctors not attending to the patient, he passed away, causing irreparable damage to
the stability of the family. Moreover the complainant had to pay approximately an
amount of Rs. 4,00,000/- for the treatment done to the patient in the hospital
leading to the financial hardship. The negligence allegedly done by the hospital and
the treating doctors led the complainant to file this complaint before this
Commission for the redressal of her grievances.
4.
This matter came up before this Commission for admission hearing on
28.07.2021 when the counsel for the complainant appeared and advanced his
arguments for admission of the matter when he was asked to satisfy as to how this
complaint is entertainable b
