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The appellants/complainants (hereinafter referred as complainants) have filed the present appeal against the order dated 31.12.2015 passed by the District Consumer Disputes Redressal Forum, Bathinda (hereinafter referred as the District Forum) in consumer complaint No. 35 dated 25.1.2010 vide which the complaint filed by complainant was dismissed.

2. Complaint was filed by the complainant under the Consumer Protection Act, 1986 (in short 'the Act') against respondents/opposite parties (hereinafter referred as Ops) on the averments that complainant No. 1 is wife of Om Parkash whereas complainant Nos. 2 & 3 are sons of Om Parkash. Om Parkash- deceased (hereinafter referred as patient) was admitted as indoor patient with Op Hospital on 30.7.2009 and remained their upto 7.8.2009. Op No. 2 diagnosed him of COPD, Bronchial infection septicemia etc. and Op started to give treatment after getting some test prescribed by them i.e. test of TLC and DLC, which was got conducted from Sheena's Path Lab on 30.7.2009 and according to the report, TLC was 19800 against normal range of 4000-11000, DLC was 78 against 40-75, blood urea 40, creatinine 1.2 and Billirubin 1.6. However, the patient could not get the relief and his condition became critical. The Ops failed to control the problem of breathlessness, choke of chest and jaundice etc. Ops again got the test conducted from Gursimran Clinical Laboratory and TLC test shown 18000 against normal range of 4000-10000. Again another test was got conducted on 6.8.2009 about WBC, which showed the result 10.9 against normal range 4-10. When the condition of patient did not improve, Ops referred the patient to Dr. Gursewak Singh of Gursewak Gastro Care Pragma Hospital, Bhatti Road, Bathinda and on test, TLC was found 18100 against normal range 4000-11000. DLC was also more than normal range. Blood urea 111 against normal range 13-45. Creatinine 2.2 against normal range of 0.5-1.5 mg/dl and Doctor diagnosed the problem of COPD and ARF (Acute renal failure), sepsis (presence of bacteria) and again referred the patient to Ops, who after seeing the record, did not care about the critical condition of the patient. They also did not record the treatment in the patient file and ultimately, patient Om Parkash died in the hospital of Ops as no treatment was given from 8.8.2009 to 10.8.2009. Alleging medical negligence and deficiency in service, complaint was filed before the District Forum seeking directions against Ops to direct Ops to pay Rs. 15 Lacs compensation as damages and mental suffering for the negligence of Ops, refund Rs. 40,000/- taken by Ops for treatment/medicines etc. alongwith interest @ 18% and Rs. 50,000/- as litigation expenses.

3. On notice, reply was filed by Ops taking legal objections that complaint in this Forum is not maintainable as it is false, frivolous and vexatious to the knowledge of the complainant, liable to be dismissed under Section 26 of the Act; intricate questions of law and facts are involved, which cannot be dealt in the summary procedure in the Forum and the matter be relegated to the Civil Court; Op No. 2 performed his duty as a medical practitioner with due diligence and proper care, skill as per his experience. He is well qualified Doctor having more than 28 years experience; the complainant has not approached the Forum with clean hands and exaggerated the facts. The factual matrix is that the patient had visited OP hospital on 30.7.2009 with Bronchopulmonary infection and septicemia. As per the history, he was a known case of Corpulmonale, chronic obstructive pulmonary disease (COPD) and had a fever for the last 5-6 days. The patient was immediately put on IV fluid. The routine test of Sodium, Potassium, MP, Widal, Serum-Bilirubin were got conducted. The patient was aged about 75 years, therefore, consent of treatment was duly signed by the attendant of the patient. The patient was given following medicines:-

11. As per the facts on the record, the patient was admitted with Op Hospital under the treatment of Op No. 2 on 30.7.2009. The patient file is Ex. C-2. According to that, the complainant remained admitted with Op Hospital upto 7.8.2009. According to the history recorded in Ex. C-3, he was suffering from COPD i.e. Chronic Obstructive Pulmonary Disease, Bronchopulmonary infection and septicemia. He had the fever for the last 5-6 days recorded as 103̊ F. He was referred for some laboratory tests. There is report Ex. C-7 of Gursimran Clinical Laboratory report dated 30.7.2009, in which Malarial Parasite was recorded, Blood Sugar 120 mg%, Widal test report of Typhoid. Bio-Chemical Tests of Gursimran Clinical Laboratory is Ex. C-8 in which Blood Urea 40 (15-40) mg/dl, creatinine 1.2 (0.5-1.6), Bilirubin Total 1.6 (0.2-1.0), Sodium 142 (135-155), Potassium 4.0 (3.5-5.5). Again some tests were got conducted from Gursimran Clincal Laboratory on 1.8.2009 which is Ex. C-6 in which Haemoglobin was 12.8 gm%, TLC 18,000(4000-10000), DLC 78%(40-70%), S. Bilirium 1.6. Another test was got done on 6.8.2009 Ex. C-5 from Gee Ess Diagnostic Laboratories in which WBC 10.9(4-10) was above normal and other tests were within range. In these tests, there is no report of any renal disease. According to the tests and the investigation, the treatment was given by the Doctor. It is not a case of the complainant that the medicines given by Op No. 2 were not appropriate according to the symptoms noted in the patient file.

According to him, DLC, Urea and S. Creatinine were beyond the normal range and it was a case of COPD, ARF (Acute Renal Failure) and Septicemia. The patient was got admitted with Op Hospital on 8.8.2009 but no treatment with regard to acute renal failure and that the patient had died in Op Hospital on 10.8.2009. Whereas this fact was denied by Ops that on 8.8.2009, the patient was never admitted in their Hospital. Allegations are incorrect that the patient had died in the hospital on 10.8.2009.