- (1.)Facts of the Complaint:
The complaint is filed by Smt. Shakuntala Sharma, mother of Diwakar Sharma (since deceased, herein now referred to as "patient). Mr. Diwakar Sharma aged about 32, years on 17.10.2000 at around 4.30 p.m. fell down during his work in the store. The employer took him immediately to St. Stephen Hospital, Delhi. The patient's condition was serious but, since there was no ICU bed available at St. Stephen Hospital, the complainant was advised to take the patient either to Tirath Ram Hospital or G.B. Pant Hospital. The patient was in full sense and was able to communicate at the time of shifting. As the Tirath Ram Hospital (OP-1) was nearby, at 10.45 p.m., patient was admitted in the ICU at OP-1 hospital and given fluids, oxygen. The complainant deposited Rs. 5000/- with OP. In the early morning, on 18.10.2000, the patient was put on ventilator for life support and respiration, on which the patient was showing signs of recovery. The relatives inquired the on-duty Dr. Pradeep Kumar about the assessment in view of the movements in the limbs of the patient, on 19.10.2000, he explained about positive sign of recovery and all hopes of patient's survival as pupils were not fully dilated. On 20.10.2000, in the early morning at around 6.00 a.m., a close friend of patient Mr. R.S. Chauhan, Advocate, visited the patient at hospital, during which the complainant's son noticed that ventilator machine was blinking and was giving audio-alarm regarding some abnormality. Both had noticed and shocked to see that the connector between the machine and supply pipe to the patient was disconnected and fallen apart. No one was available in the ICU, either doctor or nurse around the patient's room. Hence, patient was unable to take complete respiration. These facts were brought to the notice of Head Sister Jennet P. Sekar by the complainant's son Mr. Anupam Sharma, but the sister turned her deaf ears. Thereafter, on persistent and repeated requests, the said sister called Dr. Pradeep Kumar, who, along with another doctor, came to room and observed that the patient was 'dead'. At that instance, doctor started applying resuscitative measures. In this context, later on, the complainant took opinion of Dr. Pramod Kumar Sibal from Sibal Nursing Home, who opined that, if the ventilator is disconnected, the patient will definitely expire (Annexure 4). Complainant's son Mr. Anupam Sharma, called police and gave statement to Investigating Officer (Annexure P-5 & 6) that the death was due to gross negligence of the doctors and staff and the nurses at OP-1 hospital. It was alleged the equipment was defective, ICU facility was not good, therefore, patient lost his life. For this, the Chief Executive Officer of the hospital issued a letter of apology on 20.10.2000. After patient's death, his eyes were donated in Ganga Ram Hospital. The certificate is Annexure P-8.

(2.)As per the complainant, it was an untimely death at the age of 32 years, the deceased was earning about Rs. 1 lacs per annum. The complainant filed this complaint before this Commission on 17.08.2001 and prayed for Rs. 50 lacs on account of deficiency of service and gross negligence by the OPs which caused the death of Mr. Diwakar.
(3.)Defense:
The OP denied all the allegations and averments. OP submitted that the patient was brought from the St. Stephen's Hospital to the casualty department at OP hospital; the complainant did not produce documentary proof that there was no bed available at the St. Stephen Hospital. Initially advance amount of Rs. 5000/- was paid by the complainant for treatment. The bill payable was for Rs. 13,065/-, however, the relatives of the deceased forced the OP to not to charge the services rendered, therefore it was waived off and advance deposited was returned, therefore, the patient/deceased was treated free and as such, complainant was not a "consumer".