PUNJABI NURSING HOME Vs. KAILASH MARODIA

JUDGEMENT

(1.) The two appeals arise out of order dated 25.5.2000 passed in Case No.19/2000 by the District Consumer Disputes Redressal Forum, Rajgarh (for short the 'district Forum') whereby the complaint for deficiency in service in performing surgery/operation of rectal prolapse was partly allowed with an order to pay compensation of Rs.12,000/- and Rs.100/- as costs of the proceedings.

(2.) Admittedly, the complainant Kailash Marodia contacted Dr. J. K. Punjabi in Punjabi Nursing Home at Rajgarh (Biora) for treatment of his rectal prolapse. According to the complainant he was given 100 per cent guarantee of successful operation and treatment, the complainant was admitted on 14.3.1998 on whom surgery was performed on 17.3.1998. The complainant was discharged on 29.3.1998. According to the complainant, he paid an amount of Rs.25,000/- of which he demanded receipt which was not given to him. The complainant's operation was not successful as till the date of filing of the complaint he is suffering from the disease and had to contact another Doctors of Adarsh Hospital Shahjahanabad, Bhopal. The complaint filed on 14.3.2000 to claim compensation of Rs.2,19,000/- for medical negligence, was resisted. It was stated that the operation was performed after taking written consent and an amount of Rs.7,368/- including cost of blood transfusion and medicines was paid of which a certificate of Rs.12,000/- was given. The District Forum after hearing learned Counsel for the parties held that the consent produced is not signed by the complainant wherein the words have been added which reads thus : "xxx xxx xxx", while the allegation of the complainant is that the respondent Doctor gave 100 per cent guarantee. Similarly, when amount of Rs.7,368/- was charged but why certificate of Rs.12,000/- was given which was not proper. As to the negligence in performing surgery and in pre and post operative care as no expert evidence was adduced, therefore, the District Forum did not held the Doctor responsible for medical negligence in performing operation and in administration of treatment. However, for the lapse of issuance of certificate of the amount of Rs.12,000/- and the consent wherein words were added, awarded Rs.12,000/- as compensation and Rs.100/- as costs of the proceedings.

(3.) After hearing learned Counsel for the parties and on reappraisal of evidence on record, in the absence of evidence of negligence or deficiency in service in performing surgery or pre and post operative care the burden of which was on the complainant, in our opinion, the District Forum rightly held that the negligence has not been established in performing operation.