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STATE CONSUMER DISPUTES REDRESSAL COMMISSION HARYANA, PANCHKULA
Complaint No : 146 of 2015
Date of Institution: 26.08.2015
Date of Decision : 29.09.2017
Sanjeev Kumar s/o Sh. Rajinder, Resident of Mohalla Kanugoyan Panchbatti Colony, Palwal, Tehsil and District Palwal, Haryana.
Complainant
Versus
1. Escorts Hospital and Research Centre Limited (A Fortis Group Company), Neelam Bata Road, Faridabad, Haryana, through its authorised signatory.
2. Dr. Surinder Kumar Chawla, Consultant Plastic Surgery, Escorts Hospital and Research Centre Limited (A Fortis Group Company), Neelam Bata Road, Faridabad, Haryana.
3. Dr. Supradip Ghosh, DNB, EDIC Consultant, Critical Care Medicine, Consultant and Head Department of Critical Care Medicine, Plastic Surgery, Escorts Hospital and Research Centre Limited (A Fortis Group Company), Neelam Bata Road, Faridabad, Haryana.
Opposite Parties
CORAM: Hon’ble Mr. Justice Nawab Singh, President.
Mr. Balbir Singh, Judicial Member.
Argued by: Shri D.K. Jangra, Advocate for Complainant.
Sh.Mrigank Sharma, Advocate for Opposite Parties.
O R D E R
BALBIR SINGH, JUDICIAL MEMBER
Sanjeev Kumar-complainant, filed the present complaint under Section 17 of the Consumer Protection Act, 1986 averring that he was got admitted in Escorts Hospital and Research Centre, Faridabad-Opposite Party No.1 (hereinafter referred to as ‘the hospital’) on July 29th, 2012 for treatment of a stab injury in his left thigh. Complainant was assured by the doctors of the hospital that the injury would be cured medically very soon. The complainant was also advised for a minor operation by Dr. Surinder Kumar Chawla and Dr. Supradip Ghosh-Opposite Parties No.2 and 3. Later the complainant was told that he was out of danger. The complainant remained admitted in the above said hospital up to September 09th, 2012 but there was no improvement in the condition of the complainant and his health started deteriorating day by day. Pus started oozing out of the wound which cause a foul smell also. The opposite parties instead of providing proper treatment continued dressing the wounds. The opposite parties used to provide the complainant sleeping medicines, strong antibiotic medicines and pain killers with a malafide intention to weaken the complainant so that he may be kept admitted in the hospital for long time. The complainant started feeling weakness, irritation, high blood pressure, depression and heart palpitation. During this period of 45 days, the complainant spent an amount of Rs.50.00 lacs for his treatment by paying hospital bills, purchasing medicines and other expenses.
2. Facing this situation, the complainant got himself discharged from the hospital and thereafter he was got admitted on September 09th, 2012 in Indraprastha Apollo Hospital, Sarita Vihar, Delhi (for short ‘the Apollo Hospital’). The complainant was told that infection increased in the wound and kidney was also affected. Right lower lobe collapsed and there was chest infection. Doctors on duty at Apollo Hospital disclosed that the wound could have been cured if the complainant would have been provided better treatment earlier. In this way, ultimately left leg of the complainant was amputated. Apart from the amount spent for treatment in the hospital, the complainant also had to spent approximately Rs.3-4 lacs during his stay in the hospital. The complainant has prayed that the opposite parties be directed to pay to the complainant an amount of Rs.50.00 lacs spent for his treatment; an amount of Rs.25.00 lacs on account of un-necessary harassment and mental agony and an amount of Rs.50,000/- on account of litigation expenses with interest.
3. The opposite parties in their joint written v
