State Consumer Disputes Redressal Commission
Nandlal Badriprasad Pal, vs Dr.Santosh Khedkar, on 4 October, 2011
1 F.A.No.:178/2009
Date of filing :27.01.2009
Date of order :04.10.2011
MAHARASHTRA STATE CONSUMER DISPUTE REDRESSAL
COMMISSION,MUMBAI, CIRCUIT BENCH AT AURANGABAD.
FIRST APPEAL NO. :178 OF 2009
IN COMPLAINT CASE NO.: 413 OF 2008
DISTRICT CONSUMER FORUM : JALGAON.
Nandlal Badriprasad Pal,
R/o Snehnagar, Plot NO.10,
Behind Z.T.C., Tq.Bhusawal,
Dist.Jalgaon. ...APPELLANT
(Org.Complainant )
VERSUS
1. Dr.Santosh Khedkar,
R/o Bhagwan Clinic,
Shahu college Road,
Gajanan Math Chowk,
Laxminagar, Pune.
2. Dr.Anant Bagul,
R/o Chaitany Diagnostic Centre,
Chaitany Medical Services,
Rahi Sakha Apartment, 133,
Parvati, Pune. ...RESPONDENTS
(Org.Opponents)
CORAM : Mr.D.N.Admane, Hon`ble Presiding Judicial
Member.
Mrs.Uma S.Bora, Hon`ble Member.
Mr.K.B.Gawali, Hon`ble Member.
Present : Adv.Shri.S.P.Katneshwarkar for appellant, Adv.Shri.Bhushan Kulkarni for respondent.
O R A L O R D E R Per Mrs.Uma S.Bora, Hon`ble Member.
1. Nandlal Pal appellant herein original complainant challenges dismissal of complaint passed by Dist.Forum, Jalgaon on 23.10.2008. Complaint was filed against Dr.Santosh Khedkar resident of Pune and Dr.Anant Bagul, resident of Pune on the ground of medical negligence.
2 F.A.No.:178/20092. The facts of the complaint are as under.
Complainant is permanent resident of Bhusawal. For some private work he had been to Pune. There he suffered some ailment. Therefore he approached to opponent No.1 Dr.Khedkar. He gave one injection to the complainant. Due to said injection pus was formed in the body of the complainant and he suffered severe pain. Opponent referred him to opponent No.2 Dr.Anant Bagul. He also treated him but the problem was not cured. It is alleged that opponent No.2 discharged the complainant forcefully and asked him to approach any other doctor. Therefore complainant went to Dr.Mahesh Choudhary at Bhusawal. After taking treating from Dr.Mahesh Choudhary his health was recovered. While taking treatment with Dr.Choudhary complainant reveals that due to wrong injection administered by opponent he suffered the problem. Therefore he approached to Dist.Forum by demanding compensation for deficiency in service on the part of opponents.
3. Opponent appeared before the Forum. At the outset opponent mentioned that Nandlal Patel was treated by them and not Nandlal Pal. Therefore complainant is not person to whom opponent treated. It is further submitted by opponent that no evidence to show that negligence committed by opponent was produced by the complainant.
4. After hearing all the parties Dist.Forum dismissed the complaint.
5. Dissatisfied with the said judgment and order original complainant came in appeal.
6. Appeal filed with application for condonation of delay. Delay caused is shown as 57 days. Adv.Shri.Katneshwarkar appeared for 3 F.A.No.:178/2009 appellant whereas Adv.Shri.Bhushan Kulkarn appeared for respondent. We heard both the counsels on delay condonation. Delay explained properly. We have condoned delay.
7. It is submitted by Adv.Katneshwarkar that due to wrong injection given by opponent No.1 complainant suffered ill health. Due to said injection there was pus formation in the body of complainant. Said fact revealed by complainant when he was admitted in the Dr.Choudhary`s hospital. Therefore he filed complaint against opponent for medical negligence. It is further submitted by Adv.Katneshwarkar that Dist.Forum did not consider all the facts and record while dismissing the complaint.
8. Adv.Shri.Bhushan Kulkarni for the respondent submitted that there was no evidence to show that injection was wrongly given by opponents. No expert evidence to show that opponents are liable for medical negligence is produced by complainant. Dist.Forum rightly considered all the facts and record while dismissing the complaint.
9. We heard both the counsels at admission stage. It is the contention of appellant that due to some ailment he approached to opponent NO.1. No details about alleged ailment were given by complainant. No expert evidence produced by complainant to show that he suffered illness due to wrong injection. It is alleged by complainant that while admitted in the Dr.Choudhary`s hospital it was revealed that he was treated wrongly by opponent. But no affidavit of said Dr.Choudhary is produced on record to show that opponent administered injection wrongly. In our view there is no evidence to held opponent liable for medical negligence. Dist.Forum rightly considered all the facts and record. We do not want to interfere the order passed by Dist.Forum. Hence, 4 F.A.No.:178/2009 O R D E R
1. Appeal is dismissed.
2. No order as to cost.
3. Copies of the judgment be issued to both the parties.
K.B.Gawali, Mrs.Uma S.Bora D.N.Admane Member Member Presiding Judicial Member Mane