JAI PRAKASH SAINI Vs. DIRECTOR RAJIV GANDHI CANCER INSTITUTE AND RESEARCH CENTRE

JUDGEMENT

(1.) The complainant, Shri Jai Prakash Saini, has filed the present complaint under Sec.17 of the Consumer Protection Act, 1986 (hereinafter referred to as 'the Act'), averring therein that the complainant, an ex-serviceman, re-employed with the Reserve Bank of India, New Delhi as a Clerk-cum-Coin Note Examiner, in August, 1997 suffered stomach ailment, consulted the Medical Officer of the Reserve Bank of India, New Delhi, for treatment, who, after examining the complainant, gave treatment which provided only temporary relief to the complainant and gradually two glands on the neck and one gland on the left side of the face of the complainant appeared. The Medical Officer of the Reserve Bank of India, under whose treatment the complainant was, after a few days of medication advised the complainant to consult some surgical specialist. On the advice of the Medical Officer of the Reserve Bank of India, the complainant approached the doctor at the Armed Forces Clinic (for short 'the AFC'), at New Delhi, on 26th August, 1997, where a surgical specialist examined the complainant and a number of medical tests were also conducted, which included Ultra Sound, X-ray of full chest, Urine Blood, etc. It is stated that in the Ultra Sound report dated 1st September, 1997 some abnormal features were noticed in the abdomen and FNAC report dated 29th August, 1997 diagnosed the complainant as a case of 'hodgkin's Disease' (Cancer ).

(2.) It is stated that the above said FNAC report was shown by the complainant to Dr. Arun Aggarwal, who immediately referred the complainant, on 30th August, 1997, for medical check up/treatment to Rajiv Gandhi Cancer Institute and Research Centre (for short 'the RGCIRC ). It is further stated that the complainant went to RGCIRC on 1st September, 1997, where after payment of usual fees he was examined by Dr. D. C. Dowal, a specialist in the field of cancer. It is stated that Dr. D. C. Dowal, after examining the reports, asked the complainant to take an early date for biopsy at RGCIRC to ascertain early detection of cancer. It is statd that the complainant, without losing much time, immediately reported at the RGCIRC for biopsy, knowing fully well that if detected early, the cancer is fully curable. It is stated that the complainant was asked to come on 3rd September, 1997 for biopsy by the authorities of RGCIRC. On 3rd September, 1997, biopsy could not be done as the complainant felt severe pain in his left ear and so the complainant went to RGCIRC on 4th September, 1997, and on that day was admitted for biopsy which was done on the same day under general anaesthesia and the report of biopsy was made available to the complainant on 5th September, 1997. In the said report, the complainant was diagnosed as a case of 'lympho-epithelioma (Mickulitz disease) parotid gland'. It is stated that the report of biopsy dated 5th September, 1997, conducted at the RGCIRC, was contrary to the report of FNAC of AFC, which caused confusion, acute tension and mental agony to the complainant.

(3.) It is further stated that the complainant reported to Dr. D. C. Dowal (OP No.2), on 5th September, 1997, with the biopsy report and Dr. D. C. Dowal, after seeing the above said biopsy report, told the complainant that the report did not show any trace of cancer, that the complainant did not require any treatment and that the complainant was advised to come for examination only if the complainant felt pain or if there was any enlargement of the glands. It is stated that the complainant again went to RGCIRC for medical check up/treatment on 12th September, 1997, as the complainant was feeling increasing heaviness in his abdomen and was facing problem in passing urine. The complainant, on the above visit, also showed to Dr. D. C. Dowal (OP No.2) the second Ultra Sound report dated 9th September, 1997 of General William Masonic Polyclinic (for short, 'the GWMP' ). It is stated that even after perusing the above report, Dr. D. C. Dowal and also Dr. A. K. Vaid who was also present, advised the complainant that no treatment was required for complainant's ailment. It is stated that Dr. A. K. Vaid told the complainant to bring FNAC Slide from AFC for his review. It is stated that the complainant again consulted Dr. D. C. Dowal and also Dr. R. N. Verma (OP No.3), the Chief of Laboratory Services, for their opinion and treatment and Dr. R. N. Verma very clearly told that the complainant required no treatment and that the disease would disappear on its own. It is also stated that the complainant was advised not to visit RGCIRC or any other hospital for his ailment as the same would get cured after a passage of time.