POST GRADUATE INSTITUTE OF MEDICAL EDUCATION AND RESEARCH CHANDIGARH Vs. JASPAL SINGH

JUDGEMENT

(1.) In this appeal by special leave, the appellant, Post Graduate Institute of Medical Education and Research, Chandigarh (for short, 'PGI') has challenged the order dated September 29, 2000 passed by the National Consumer Disputes Redressal Commission (for short, "National Commission"). By its order, the National Commission dismissed the appeal filed by PGI under section 21 of the Consumer Protection Act, 1986 (for short, 'Act, 1986") and affirmed the order passed by the State Consumer Disputes Redressal Commission, Chandigarh (for short, 'State Commission") whereby it directed the PGI to pay compensation in the sum of rupees two lacs to the respondents 1 and 2 herein (for short, the complainants') and cost of Rs. 5,000/-.

(2.) The brief facts of the case are thus:

(3.) Dr. Varun Kulshrestha filed reply to the complaint. He principally set up the plea that although the patient was transfused wrong blood but it was not due to any negligence on his part. He stated that due to the care exercised by him and the other nursing staff, the patient became alright and her hematological and biochemical parameters became almost normal and she recovered from mismatched blood transfusion. It was stated in his reply that Smt. Harjit Kaur died of septicemia and not by mismatched blood transfusion and, therefore, the complaint was liable to be dismissed.