Delhi

East Delhi

CC/58/2018

SARANJEET KAUR - Complainant(s)

Versus

PUSHPANJALI NURRING HOME - Opp.Party(s)

17 Feb 2023

ORDER

DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION (EAST)

GOVT. OF NCT OF DELHI

CONVENIENT SHOPPING CENTRE, FIRST FLOOR,

SAINI ENCLAVE, DELHI – 110 092

 

C.C. No.58/2018

 

	Smt. Saranjeet Kaur   D/o Sh. Tej Bahadur Singh Bakshi W/o Shri K.P. Singh R/o 61, Shyam Enclave, Vikas Marg, Delhi – 110092.	….Complainant
Versus
	Pushpanjali Nursing Centre A-14-15, Vikas Marg Extn. Delhi – 110092.	……OP

Date of Institution: 20.02.2018

Judgment Reserved on: 18.01.2023

Judgment Passed on: 17.02.2023

               

QUORUM:

Sh. S.S. Malhotra (President)

Ms. Rashmi Bansal (Member)

Sh. Ravi Kumar (Member)

 

Order By: Shri Ravi Kumar (Member)

 

JUDGEMENT

The Complainant has filed complaint against the OP - Pushpanjali Medical Centre alleging deficiency in service in not providing proper medical treatment where she was admitted on 16th November, 2017 as confirmed case of Dengue Fever.

The Complainant had originally filed complaint against the OP - Pushpanjali Nursing Home which name she amended on 06.09.2019 as Pushpanjali Nursing Center at the same address and as such the amended name is shown in the cause title. 

The Complainant has stated that initially she was under treatment of Dr. Mukesh Ajmera for Fever who was on the panel of OP - Pushpanjali Nursing Centre. He advised rest and prescribed her medicines and on 15.11.2017 when the complainant was feeling un-easy and her whole body was restless and then Dr. Mukesh Ajmera advised for her blood test for Platelet count which was done at Clinical Diagnostic Centre on 15.11.2017 where the platelet count came to be 0.65 lakh cu mm and as per advice of Dr Mukesh Ajmera she was taken to Pushpanjali Nursing Center (OP) for further treatment as it was a suspected case of Dengue Fever and she was admitted at 4:00 a.m. on 16.11.2017  and given medical treatment there under the supervision of Dr. Mukesh Ajmera.

At 8:00 a.m. Dr. Mukesh Ajmera visited her in the Pushpanjali Nursing Center and informed that she was better but later on at 9:00 a.m. Dr. Bhutani visited her and informed that position is critical and advised to arrange platelets for transfusion which made the family panic and husband of the Complainant rushed to Hedgwar Hospital Blood Bank for arrangement of platelets but he was informed that they do not have separator to separate platelets from blood. This made the situation more grave and since there was no facility of such treatment of availability of platelets in the OP-Pushpanjali Medical Centre, the family of the Complainant after staying there for 5 hours got her discharged after payment of bill of Rs.4953/- and was transferred to Max Hospital Vaishali. This Max Hospital Vaishali was earlier known as Pushpanjali Crosslay and there is fiduciary relationship of business interest. She was then admitted in Max Hospital Vaishali and was treated there for three days and had to incur an amount of Rs.75000/- there only on account of the negligence on the part of OP1. She has alleged that admitting her in OP - Pushpanjali Medical Centre without having proper medical facility w.r.t. Dengue Fever amounts to Unfair Trade Practice on the part of OP.

The Complainant then issued a legal notice to the OP which was replied denying the contents and thereafter she has filed the present complaint seeking direction to the OP to pay Rs.79953/- along with interest at the rate 18% per annum and Rs. 2100/- as legal notice charges as compensation for mental agony and pain and deficiency in service and Rs.10000/- as litigation expenses.

Notice was issued to OP who filed its reply stating that the case is not maintainable as Pushpanjali Nursing Home at the given address does not exist and complaint has been filed against Pushpanjali Medical Centre, a unit of M M Healthcare Limited. The case is bad on account of non-joiner of party as M/s. M M Healthcare Limited nor M/s. Max Hospital Vaishali have been made party though the same are necessary and proper parties. The Complainant is not entitled to seek relief for recovery of amount paid to M/s. Max Hospital as the Complainant has not raised any grievance of treatment there and cost charged by Max Hospital. The Complainant has concealed material fact that on 16.11.2017 she unexpectedly started menstrual bleeding and there were chances of platelet counts going down drastically and the emergency situation could have arisen where the patient would have required platelet transfusion. The Doctors had explained possible complications by informing about the gravity of the situation to arrange blood platelets for transfusion as OP did not have the Blood Bank.

It is further stated by the OP that the family of the Complainant decided to shift her from Pushpanjali Medical Centre  and a discharge request was prepared on 16.11.2017 itself and that OP had not advised to shift to any particular hospital and family of the Complainant decided to shift her to Max Hospital Vaishali which was near to their residence and is Super Specialty Hospital.  Pushpanjali Medical Centre had no business interest with Max Hospital Vaishali and OP had replied to the false demand notice dated 05.01.2018 (legal notice) vide their letter dated 15.01.2018.

Complainant filed Rejoinder to the Written Statement of the OP and has reiterated the contents of her complaint.

The complaint has filed copy of the following documents along with the complaint:

-       Report dated 15.11.17 of Clinical Diagnostic Centre showing platelet count 0.60 lakh per cu.mm at 18:13:57.

-       Report dated 16.11.17 of Clinical Diagnostic Centre showing platelet count 0.30 lakh per cu.mm.

-       Prescription dated 13.11.17 of Dr. Mukesh Ajmera.

-       Report dated 13.11.17 at 14:52:59 of Clinical Diagnostic Centre showing platelet count 1.25 lakh per cu.mm

-       Report dated 14.11.17 at 15:14:43 of Clinical Diagnostic Centre showing platelet count 1.10 lakh per cu.mm

-       Invoice dated 16.11.17 of Pushpanjali Medical Centre showing time of admission as 04.45 a.m. and discharge at 11.55 a.m. for Rs.4953/-.

-       Discharge Summary dated 16.11.17 of Pushpanjali Medical Centre.

-       Report dated 15.11.17 at 15:17:25 of Clinical Diagnostic Centre showing platelet count 0.80 lakh per cu.mm.

-       Bill of Max Super Specialty Hospital (a unit of Cross Lay Remedies, Vaishali) dated 20.11.17 for Rs.76710/-.

Complainant has filed her evidence by way of affidavit and has exhibited the referred documents and OP has also filed its evidence by way of affidavit wherein it has exhibited reply to demand notice dated 15.01.2018 as DW1/1.

        This Commission has heard the arguments of both sides and perused the documents on record.

The Complainant, a lady of 39 years, was under treatment of Dr. Mukesh Ajmera for Fever since 13.11.2017 at his Clinic at Sikka Complex, Srestha Vihar Market, Delhi. Dr Mukesh Ajmera has not been made party in this case. Since, she was a suspected case of Dengue Fever where the platelets count play a very major role therefore the test for the same was done repeatedly under the supervision of Dr. Mukesh Ajmera and on 15.11.17 at 18:13:57 the platelet count fell to .65 lakh per cu.mm and the family contacted Dr. Mukesh Ajmera and on his advice she was directly admitted to Pushpanjali Medical Centre (without coming to emergency ward first) on 16.11.17 at 04.45 a.m. It is pertinent to note that Dr. Mukesh Ajmera was also working as consultant doctor in Pushpanjali Medical Centre.

Upon admission in Pushpanjali Medical Centre she was put on intravenous and other related treatment and Dr. Mukesh Ajmera visited her in the morning and told her that her condition is stable but when Dr. Bhutani (who is also not a party in this case) visited the Complainant, he informed that the situation is grave as the platelet counts report dated 16.11.17 at 06.09 was 0.30 lakh per cu.mm and the family member was advised to arrange platelets for transfusion as OP did not have this facility. The family member of the Complainant rushed to Hedgewar Hospital Blood Bank, however, they did not succeed.  Seeing the condition of the Complainant they took discharge as ‘transfer’ from the Pushpanjali Medical Centre on 16.11.2017 and she left Pushpanjali Medical Centre at 11.55 a.m. Thus she was there in Pushpanjali Medical Centre for approximately 7 hours and paid Rs.4953/- as treatment cost there.

After transfer from Pushpanjali Medical Centre the Complainant was admitted in Max Super Specialty Hospital, Vaishali on 16.11.2017 at 13.16 and there she was given medical treatment and she was discharged on 20.11.2017 at 11.34 a.m. and bill of Rs.76710/- was raised which was paid.

The case of the Complainant is that the OP is doing Unfair Trade Practice and taking admission of the patient of Dengue Fever which requires platelet transfusion in critical cases however OP - Pushpanjali Medical Centre did not have Blood Bank to deal with such cases which some time may be life threatening and they made the family of the Complainant to run from pillar to post for arranging platelets.

The OP has taken the line of defense that initially the Complainant had impleaded Pushpanjali Nursing Home, A-15, Vikas Marg, Delhi where no such Nursing Home exists and the case be dismissed on the ground of mis-joinder of the parties. The Complainant however amended the cause title of the case and impleaded Pushpanjali Nursing Center A 14-15, Vikas Marg Extension, Delhi 92 and OP thereafter filed their reply also as Pushpanjali Medical Centre. Thus, OP has taken a highly technical and frivolous objection which is untenable.

 

Further the OP has taken the stand that since upon admission of the Complainant in Pushpanjali Medical Centre on 16.11.2017 at 4.45 a.m. she suffered from menstrual bleeding which was subsequent development after admission and would have brought down the platelets count further and since Pushpanjali Medical Centre was not having Blood Bank, the family of the Complainant were advised to arrange platelets from outside and which they could not arrange and the family of the Complainant took transfer discharge to Max Hospital Vaishali where she was admitted and treated from 16.11.17 to 20.11.17. The OP has stated that there was no deficiency on service and they had given appropriate medical treatment to the Complainant during her stay in their Medical Centre.

 However, the above stand of the OP is not tenable as Dr. Mukesh Ajmera was a Consultant Doctor in Pushpanjali Medical Centre and knowing that the Complainant was a case of Dengue Fever where platelets counts fall drastically sometimes (as has happened in the present case) which required platelet transfusion and OP- Pushpanjali Medical Centre was not having the Blood Bank and blood-separator from where in emergency the platelets should have been arranged whereas platelets arrangement should have been in-house at Pushpanjali Medical Centre. Thus, there is clear deficiency of service on the part of OP by admitting the Complainant in their Medical Centre knowing fully well that it did not have Blood Bank and in case the Blood Platelets are required to be administered then it was not having sufficient medical support and Blood Bank and it was a clear cut case of medical negligence.  The said Dr. Mukesh Ajmera should have advised the complainant to be admitted in a Hospital where all the facilities of Blood transfusion, Blood Bank and ancillary services are available rather than to such a Hospital where he was empanelled as a Doctor and was having the knowledge that OP Medical Centre did not have a Blood Bank.  The doctor of OP Hospital has put the life of the Complainant in peril who was aged about 39 years lady and Doctor admitting her should have assessed the situation that she may have menstrual cycle which could have made the case complicated and it actually happened. It appears that the Dr. Mukesh Ajmera for certain pecuniary reasons got the complainant admitted in such Hospital which did not have a Blood Bank. 

Even bigger mistake was done by OP - Pushpanjali Medical Centre who admitted the Complainant in their Medical Centre knowing fully well that it did not have in-house Blood Bank and facility of Platelets transfusion. Thus negligence and deficiency in service is writ large on the part of OP - Pushpanjali Medical Centre.

Though the complainant had paid Rs.79710/- at Max Hospital, Vaishali however she has not alleged any deficiency on their part nor has made them a party in the case.  Further, even if the OP would be having this facility of Blood Bank, the complainant could have been treated in OP’s Hospital and the medical expenses would have been payable in OP’s Hospital as well.  Therefore, the prayer of Rs.79710/- as expenses, which the complainant incurred at Max Hospital Vaishali cannot be granted and therefore her relief to the extent of 79710/- cannot be granted. However, Complainant is entitled for relief for the expenses and mental agony she suffered in the hands of OP - Pushpanjali Medical Centre on account of deficiency in service.

In view of the reasons stated supra this Commission holds OP - Pushpanjali Medical Center liable for deficiency in service and directs as follows:

 

• OP is directed to pay Rs.4953/- alongwith interest @9% p.a. from 16.11.2017 to the Complainant within 30 days of receipt of this Order failing which OP shall pay interest @11% p.a. on the said amount to the complainant till the date of realization.

 

• OP is also directed to pay Rs.20,000/- to the complainant for the mental agony and harassment and Rs.5000/- towards legal expenses. 

 

 Announced on 17^th day of February, 2023.