Case No. : 159/2009

Date of Inst. : 14/12/2009

Date of decision : 14/12/2009



Jasbir Singh S/o Ajit Singh R/O Village Simbli Tehsil Garhshankar Distt. Hoshiarpur.

…Complainant.

Versus



Dr. Varinder pal Singh, Harbans Hospital, Main Road, Nawanshahr, Distt. S.B.S. Nagar …Respondent

Complaint under the provisions of Consumer Protection Act, 1986



BEFORE: SHRI S.M.S.MAHAL, PRESIDENT

SH. SUKHDEV SINGH, MEMBER

Present: Sh. R.D. Paul, advocate, counsel for the complainant

S.M.S.MAHAL, PRESIDENT

Jasbir Singh (hereinafter called as complainant) has filed this complaint against the Dr. Varinder pal Singh, Harbans Hospital, Main Road, Nawanshahr, Distt. S.B.S. Nagar (hereinafter called as Op) for seeking compensation to the tune of Rs.10,00,000/- on account of medical negligence on the part of the OP.

2. The brief allegations of the complainant are that he was suffering from fever on 24/12/2006 had approached the OP who diagnosed the fever as typhoid and administrated glucose. He was also given an injection as a result of which the complainant became disabled. Hence this complaint.

3. Since, it was a case of medical negligence as per observations of the Hon’ble Supreme Court in Civil Appeal No.3541 of 2002 decided on 17/02/2009 under the title Martin F.D’Souza VS Mohd. Ishfaq the complaint had been referred to the Civil Surgeon, Shaheed Bhagat Singh Nagar for obtaining his report, if a prima-facie case of medical negligence is made out or not. The Civil Surgeon had after considering the entire record of the case as well as the earlier enquiries conducted by the Medical Board and report of enquiry submitted by Dr. Ashok Guru, Enquiry Officer had recommended the obtaining of opinion of neurologist of medical college, as there was no government neurologist in this district. The opinion of neurologist Rajindra Medical College Patiala has been obtained who has stated that no case of medical negligence is made out against treating doctor at Harbans Hospital Nawanshahr in this case.

4. In view of the aforesaid medical opinion submitted by Civil Surgeon, Shahid Bhagat Singh Nagar, as well as neurologist of Rajindra Medical College Patiala, it being not a case of prima-facie medical negligence, we do not feel it proper do admit this complaint and issue notice to the Ops.

5. As a consequence of the foregoing reasons, the complaint is dismissed at preliminary stage as the same is not legally maintainable.

6. The complainant may avail the civil remedy available to him in accordance with law.

7. A Copy of this order be supplied to the parties as per rules.

8. File be consigned to the record room.