Decided on June 18,2020

Lucknow Hospital Appellant


Prem Narain, J. - (1.) This revision petition has been filed by the petitioner M/s. Lucknow Hospital against the order dated 22.05.2014 of the State Consumer Disputes Redressal Commission, Uttar Pradesh (in short 'the State Commission') passed in Appeal No.1606 of 2008.
(2.) Brief facts of the case are that the wife of the respondent No.1 consulted respondent No.2 at the petitioner hospital for stomach bleeding and pain in the vagina. She was operated by respondent No.2 on 26.01.2001 and uterus & cervix were removed in the operation. After sometime, she again developed pain in the stomach and she consulted the petitioner hospital. The petitioner hospital refused to entertain the patient and advised her to go to some specialised hospital for cancer. Wife of the respondent No.1 was taken to some other specialised hospital where it was found that the cancerous part was not fully removed and the remaining cervix was again operated due to spread of cancer which had also affected other parts of the body. The wife of the respondent No.1 filed a consumer complaint before the District Consumer Dispute Redressal Forum-I, Lucknow, (in short 'the District Forum') being consumer case No.609 of 2001. During the pendency of the complaint, the complainant died. However, the District Forum allowed the complaint as under:- "The complaint is allowed the opposite parties are directed to pay the complainant Virendra Singh an amount of Rs.4 lakhs (four lakhs) within a period of two months. The complainant would further get an interest over this amount with effect from 25-08-2001 i.e. the date of filing of this complaint @ of 10% P.A. the complainant will get Rs.2000/- (Two thousand) as cost from opposite parties. The opposite parties are jointly and severally liable to pay the said amounts."
(3.) Both the opposite parties filed a joint appeal bearing No.1606 of 2008 before the State Commission. The State Commission, however, vide its order dated 22.05.2014 passed the following order:- "In the instant case in this regard there is deficiency in service stands proved on the part of the Lucknow Hospital for not providing the Treatment Records to the patients. Non supply of record shall make the hospital liable for payment of compensation and it cannot be taken in consideration for the negligence of Dr. Munshi. Thus, the appeal deserves to be allowed partly in respect to Dr.S. Munshi (Appellant No.2) who is entitled to be absolved from the liability incurred upon him in the impugned judgment and order. ORDER The aforesaid appeal of the appellants is allowed partly. The appellant/Dr. S.Munshi is exonerated from the award passed by District Forum-I, Lucknow in complaint case no.609 of 2001.";

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