State Consumer Disputes Redressal Commission
Dr. Satish Kumar Dawas And Ors. vs Shambhu Dayal on 11 March, 2015
Daily Order IN THE STATE COMMISSION DELHI Constituted under Section 9 of the Consumer Protection Act, 1986 First Appeal No. A/09/689 (Arisen out of Order Dated 15/07/2009 in Case No. 209/04 of District West Delhi) 1. DR. SATISH KUMAR DAWAS AND ORS. IN-CHARGE, D D LAB,(GOVERMENT OF NCT OF DELHI) PALAM,DELHI-45. ...........Appellant(s) Versus 1. SHAMBHU DAYAL NEAR KAKROLA NAMAK FACTORY UTTAM NAGAR DELHI. ...........Respondent(s) BEFORE: HON'BLE MR. N.P. Kaushik PRESIDING MEMBER HON'ABLE MR. S.C.JAIN MEMBER For the Appellant: For the Respondent: ORDER CORAM N P Kaushik, Member (Judicial) S C Jain, Member
1. Whether reporters of local newspaper be allowed to see the judgment? Yes
2. To be referred to the reporter or not? Yes N P Kaushik, Member (Judicial) Judgment The appellants have impugned the orders dt. 14.07.2009 passed by the District Forum-III, Janakpuri, New Delhi. Vide said orders OPs No. 1,5,6 & 7 were directed to pay to the complainant a consolidated compensation to the tune of Rs. 5 Lac.
Facts in brief are that the complainant Sh. Shambhu Dayal was the owner of a Dairy near kakroli namak factory, Uttam Nagar, New Delhi, where he had kept twenty two buffalos. Finding two of his buffalos not keeping well, OP-1 Dr. S.K.Dabas, Doctor of Government of NCT of Delhi was called. Dr. S.K.Dabas administered certain medicines and injections to the said buffalos. On the next day, Dr. Dabas administered some medicines to other seventeen buffalos. Three buffalos were left untreated. On 03.01.2004 condition of all the aforesaid buffalos started deteriorating. Dr. Satish Kumar Dabass called other Doctors of the Government of NCT of Delhi, named Dr. E.K.Chaki, Dr. Diwan, Dr. Tripathi, Dr. Devender Singh and Dr. Udayvir on 04.01.2004. All the aforesaid doctors visited the Dairy. They carried out certain tests and gave treatment to the said buffalos. All the nineteen buffalos (leaving aside three untreated ones) died on 05.01.2004 one after the other. Complainant submitted that he had to incur an expenditure of Rs. 25,000/- on the purchase of injections and medicines, prescribed by the aforesaid doctors. Certain medicines were purchased by Dr. Satish Kumar Dabas himself after taking money from the complainant. After the aforesaid incident of deaths of the buffalos, complainant approached the police station, Uttam Nagar, Delhi for getting an FIR registered. Police did not take any action. Legal notices were sent to the OPs by the complainant, culminating into the present complaint before the District Forum.
Defence raised by the OPs in their separate written versions is that the animals were initially treated symptiomatically and thereafter on the basis of the test reports. Complainant was advised to maintain the hygienic conditions and protect the animals from severe cold. The complainant did not pay heed to the advice of the Doctors. OPs submitted that they treated the animals without any fees from the complainant. OP-1 denied if he visited the dairy on 01.01.2004. OP-1 took a plea that the complainant reported to the police about the death of only eight animals. Remaining OPs however, stated that on 02.01.2004 they examined all the twelve animals present there.
Ld. Trial Forum referred to the DD No. 21 police post Patiala Delhi dt. 06.01.2004 showing the visit of the ASI Sh. Naresh Kumar to the Dairy on 06.01.2004. It was also recorded by the said ASI that the treatment of the buffalos continued for 4-5 days and they started dying one after the other. It was also observed by the Ld. Trial Forum that the post mortem examination on the buffalos was conducted by Dr. Satish Kumar Dabas who happened to be one of the treating doctors. Dr. Satish Kumar Dabas ought have rescued himself from doing the post-mortem. It has also come on record that after taking viscera samples of the eight dead buffalos, samples were not sent to CFSL. Samples were however, sent on the directions of the Ld. District Forum in March 2008 when the matter was pending before it. Viscera report shows the absence of metallic poisons, phosphide, alkaloids and pesticides. Ld. Trial Forum observed that the OPs failed to explain as to why the three untreated buffalos did not die. The said three buffalos were also exposed to cold weather.
In the present appeal before this Commission (filed by the OPs) OPs have relied upon the viscera report of the dead animals stating that it points out to their innocence. In what manner it establishes their innocence, is not explained. OPs also submitted in their appeal that the three buffalos survived as they were not shelterless. OPs/appellants stated that the buffalos who died, died because of lack of shelter against bitter cold. No other plea has been raised by the appellants/OPs in their appeal.
Arguments have been addressed at length by the counsel for the appellants/OPs Sh. Atul Rathi Advocate who is assisted by the Pairvi Officer Dr. Ubaid Khan and the appellant Dr. Satish Kumar Dabas. From the side of the respondents arguments have been addressed by the counsels Sh. Amarveer Singh Bhullar and Sh. Arvind Kumar Chauhan Advocates.
OPs/appellants in their present appeal have submitted that the viscera report of the dead animals pointed out to the innocence of the said veterinarians. Next plea raised by the appellants is that the District Forum came to the wrong conclusion that Dr. Satish Kumar Dabas had performed the post-mortem of the animals. Main plea of the appellants is that the buffalos died due to severe cold and thus the buffalos who survived were protected against the cold. Ld. District Forum failed to deal with the said plea.
A careful perusal of the viscera report of the buffalos shows that the report simply rules out the existence of metallic poison, alcoholics and pesticides. It does not help the appellants in any manner as the appellants have not come up with a specific plea of the cause of death of the buffalos. Written version filed by the OPs/appellants is highly vague in that they simply deny the negligence on their part. Written versions of the appellants/OPs which runs into six pages each, simply denies all the allegations. In response to the news in the newspaper 'Jagran', OPs/appellants have simply stated that they were unable to comment upon the same. Perusal of the news item shows that the news report described it 'a case of deaths due to bitter cold'. Nowhere the appellants have stated as to what was the diagnosis when Dr. Satish Kumar Dabas first visited the dairy. Similarly there was no mention of any diagnosis when a team of veterinarians visited the dairy three days after the visit of Dr. Satish Kumar Dabas. Whole of the written version vaguely refers to some medicines given to the buffalos. Names of the medicines or injections are not disclosed. They have also referred to postmortem report and the report of the viscera of the dead buffalos. Appellants have failed to disclose as to what disease the buffalos were suffering from after studying the post mortem report and the viscera reports. Scrutiny of the judicial record shows that the pleas taken are self contradictory. A photocopy of the report of the blood slides and the dung samples of the buffalos (when they were alive) is placed on record. The report is dt. 02.01.2004. The same is exhibited as exhibit C-1 at the time of dictating this judgment. Perusal of this report shows that the buffalos were found positive for the disease called 'babesia'. Nothing in the pleadings or the affidavits of the appellants suggests that the buffalos were ever treated for 'babesia'. Coming to the reports of the postmortem of the dead eight buffalos (which was carried out on eight buffalos only), it shows that all the reports are contrary to each other. First report at S.No. 4158 shows that the buffalo died of suspected food poisoning and severe cold exposure. In case of the buffalo at S.No. 4159, the cause of death is a blockage of alimentary canal, malnutrition and severe cold exposure. In case of report at S.No. 4160, the cause of death is shown as severe cold exposure and malnutrition. In case of report at S.No. 4161, the diagnosis is of suspected food poisoning and cold exposure. In case of S.No. 4162, the cause of death is only severe cold exposure. In S.No. 4163, the cause of death is suspected food poisoning and malnutrition. In S.No. 4164, cause of death is very severe cold exposure. In S.No. 4165, the cause of death is malnutrition and suspected food poisoning and cold exposure. Not only this, against the column, 'remarks' it is indicated that the parts of liver, spleen and small intestine were sent for chemical examination. In the next column it is written that the result of microscopic examination of blood was not conducted. At one place OPs want this court to believe that the buffalos died of food poisoning and at the same time they relied upon reports of viscera which shows that viscera did not show existence of metallic poisons, phosphide, alkaloids and pesticides. Before proceedings further, it may be mentioned here that 'nothing abnormal' was detected in the whole of the alimentary canal of the dead animals. Dr. S.K.Dabas present in the Court, while assisting the Court stated that 'NAD' means not to be described. The abbreviation stands for 'Nothing Abnormal Detected'. The knowledge of a qualified Doctor is shocking.
The complainant is an illiterate person. He admittedly has provided medicines/injections as instructed by the appellant doctors. On the other hand, there is a team of doctors treating the buffalos. They have nowhere stated diagnosis of the illness of the buffalos or the treatment given by them. Alleged report of the blood slides and dung samples, the photocopy of which is exhibit C-1, was placed on record only to cover up the whole case of negligence. Diagnosis of the disease 'babaesia' has nowhere been pleaded. Even its treatment has not been pleaded.
The controversy relating to the number of buffalos as to whether it was 19, 14 or 12 is not of much relevance at this stage. In their written versions, OPs have admitted that they treated 12 buffalos. Similarly the controversy of the visit of Dr. S.K.Dabas to the dairy on 01.01.2004 is of no consequence as the OPs started treating the animals after 31.12.2003. No other agency intervened in between.
The buffalos who survived were three in number. These were the buffalos which were not treated by the OP doctors. Had it been a case of severe cold, then the said three buffalos too should have met the same fate. It is the admitted case of the OPs that on the first day of visit of Dr. S.K.Dabas, all the buffalos except the two buffalos, were active. What caused the death of the nineteen buffalos one after the other within a period of 3-4 days has been made a mystery by the OPs. A poor and illiterate farmer is pitted against the qualified doctors who have not come up with any version in relation to the diagnosis or the treatment. The reports relied upon by them as discussed above are contrary to each other. No explanation is given by the OPs on their failure to send the viscera of the dead buffalos to the laboratory after taking the samples. The unfortunate incident took place between 02.01.2004 and 05.01.2004. The complainant had been running from pillar to post since then. Death of the buffalos is not a simple financial loss on a particular day. It was a perpetuating loss as it is a question of bread and butter for the complainant and his family. In a span of eleven years, he practically has been unable to get any relief from any quarter. Buffalos not only provide milk, they also multiply in number by way of reproduction. Expansion of their family takes place. No compensation has been given to the respondent either by the appellants or the Govt. of NCT of Delhi. No Departmental enquiry has been instituted against the negligent doctors. The relief prayed for by the complainant in his complaint filed in the District Forum itself is on the lower side. He has simply asked for the compensation to the tune of Rs.9.40 Lac along with interest @ 18% p.a. compounded annually. Ld. Trial Forum has awarded a relief of compensation to the tune of Rs. 5 Lac. Keeping in view the average price of the buffalos prevailing in the year 2004, the amount prayed for by the complainant is lesser than the total price of the buffalos. Be that as it may, in the interest of justice, the complainant is awarded compensation of Rs. 9.40 Lac as prayed for by him along with interest @ 18% from the date of filing of the complaint i.e. 26.02.2004 till the date of its realisation. These orders be complied with by the OPs within a period of sixty days from today failing which the interest @ 24% shall be liable to be paid on the amount accruing after sixty days from today. Before parting it may be mentioned here that the doctors treating the buffalos were either highly negligent or ignorant in their basic knowledge of veterinary science though the capital city Delhi has been urbanised but still there are buffalos and other live stock being reared in certain pockets. Govt. of NCT of Delhi must ensure that all its veterinary doctors are trained in at least the basic things. Such veterinary doctors and especially the doctor who treated the buffalos in the present case must be put to training to avoid any mishap in future. Appeal is accordingly disposed of.
Copy of the orders be made available to the parties free of costs as per rules and thereafter the file be consigned to Records.
[HON'BLE MR. N.P. Kaushik] PRESIDING MEMBER [HON'ABLE MR. S.C.JAIN] MEMBER