DISTRICT: KOLKATA

IN THE LEARNED STATE CONSUMER DISPUTE REDRESSAL COMMISSION

AT KOLKATA

Consumer Complaint No. OF 20

IN THE MATTER OF:

A Complaint under Section 47 of the

Consumer Protection Act, 2019 and
Rules made there under.

AND

XXX son of Sri YYY residing at SSSSS

………………

………..COMPLAINANT

- VERSUS -

1. XXX Hospitals, Circular Road, 58

Circular Road, Kolkata- 700054.

2. Dr. ABC gastroentrologist at the XXX

hospitals
 (2)

3. Dr. XYZ , Doctor at ABC hospitals …

RESPONDENTS/OPPOSITE PARTIES.

To

The Hon’ble President and His Companion Members of the State Consumer

Disputes Redressal Commission

The Complainant above named most

respectfully

SWEWETH:

1. The complainant is the father of the deceased victim, namely late XXXX son

of XXXX resident of ABC who died on ………..at the age of 32 years due to

medical negligence by the respondents.

2. The respondent No. 1 is the ABC Hospital at Kolkata where the deceased

victim was admitted for medication and thereafter died due to negligence on the

part of the respondents. Respondents No. 2 and 3 are the doctors who treated

the deceased victim.

3. The claim of compensation and/or redressal of grievances of the

complainant exceeds Rs. 1,00,00,000/- (Rupees One Crore only).

 (3)

4. The complaint relates to the medical negligence on the part of the respondents

due to which the son of the complainant lost his life only at the age of 32 years.

This application is being made within 2 years from the date of cause of action.

5. The deceased victim consumed acid and sleeping pills at his home due to

certain tiff with his mother on ………at about 10 am and was admitted in SSS

Hospitals, initially.

6. The deceased victim was shifted to the Respondent hospital on ………….from

there and was admitted under the Respondent No. 2 on ……………at about 5

p.m.

7. The deceased victim was admitted therein in a drowsy condition, but not in an

unstable condition. The condition of the deceased victim at the time of admission

at the respondent Hospital No. 1 was stable.

8. That after being admitted therein, an interim bill was given by the respondent

authorities to the complainant to the tune of Rs. 120,794.57/- (Rupees One lakh

twenty thousand seven hundred and ninety four and fifty seven paise only) out of

which Rs. 85,000/- (Rupees eighty five thousand only) was paid by the

complainant instantly at the time of admission.

Photocopy of the interim bill dated 29.09.2015 is annexed hereto and

marked as “Annexure A” to this application.

 (4)

9. During the stay of the deceased victim at the Hospital numerous tests were

conducted by the respondent authorities for diagnosis of the deceased victim and

demanded lakhs of money, but all the reports of the tests were normal, except

the Haemoglobin level in the blood of the deceased victim.

Photocopies of the tests reports is annexed hereto and marked as

“Annexure B Collectively” to this application.

10. Be it mentioned that the deceased victim was never treated nor given any

medication for the decrease in the haemoglobin level in the blood, which the

reports of the examination of the deceased victim revealed.

11. Thereafter, the deceased victim was discharged from the respondent

Hospital on ……………………at about 4.30 P.M. after treatment and care under

the Respondent No. 2.

Photocopy of the Discharge Certificate and Record is annexed hereto and

marked as “Annexure C” to this application.

12. The complainant states that a sum of Rs. 1,27,194.61/- (Rupees One lakh

twenty seven thousand one hundred and ninety four and sixty one paise) was

charged by the respondent No.1 under various heads in the final bill for the

treatment of the deceased victim from …………………

Photocopy of the bill is annexed hereto and marked as “Annexure D” to this

application.
 (5)

13. The deceased victim was discharged after payment and clearance of all the

dues of the hospital on ……………………..

14. The complainant states that due to mild stomach discomfort the deceased

victim was taken to the respondent No. 2 for medical checkup and under his

instructions and advices was re-admitted at the respondent hospital

on……………...

15. Thereafter, various tests was again conducted by the respondent No. 1

under reference from the respondent No. 2 from …………..to ………….during the

stay at the hospital) until the death of the deceased victim on ………………..at

the Apollo Gleneagles Hospital, Kolkata, i.e. the Respondent No.1.

16. It may be mentioned that all the reports of the medical examination

conducted by the respondent No. 1 were normal, except that the haemoglobin

level in the blood of the deceased victim was decreasing abnormally.

Photocopies of the reports of the medical examination during the period

starting from ………………to …………….is annexed hereto and marked as

“Annexure E” to this application.

17. The respondent No. 2 failed and neglected to observe that the haemoglobin

level in the blood of the deceased victim was deterioting abnormally and failed to
 (6)

give any appropriate medication to the deceased victim accordingly, nor there

was any blood transfusion to the victim, which is negligent on the part of the

respondent authority and therefore illegal.

18. The deceased victim i.e. the son of the complainant met with an untimely

death on ………………due to the negligent actions on the part of the respondent

authorities in giving proper medication and treatment to the deceased victim.

Photocopy of the death certificate is annexed hereto and marked as

“Annexure F” to this application.

19. The complainant states that on ……………….when the tests were conducted

on the deceased victim most of the tests reports revealed abnormality, but one

day prior to that the reports were normal, therefore the negligence on the part of

the respondent authorities is apparent on the face of the record.

20. Further, the death certificate issued by the respondent No. 1 did not state any

cause of death instead it was issued only with a remark “subject to Autopsy

Report”.

Photocopy of the Certificate of Death issued by the respondent No. 1 is

annexed hereto and marked as “Annexure G” to this application.

21. The complainant was informed by the Respondent authorities that the death

of the victim was caused due to heart failure, but the death of the victim was

caused due to medical negligence on the part of the respondent authorities

 (7)

inspite of charging of a hefty amount of Rs. 8,00,000/- (Rupees eight lakhs only)

from the victim for his medication.

Photocopy of all the money receipts are annexed hereto and marked as

“Annexure H”.

22. The complainant further submits that the respondent authorities failed to take

note that the haemoglobin level in the blood of the victim was decreasing

abnormally and accordingly the victim was to be treated for such deficiency, but

the respondent authorities did not take any steps to supply blood to the victim

due to the decreasing haemoglobin level, instead conducted numerous tests on

the victim and also operated the victim, to extract the hard earned money of the

complainant.

23. Your complainant submits that the complainant’s son died due to the

negligent actions of the respondent authorities and the complainant had come to

the respondent authorities for medical care and treatment of his son instead the

complainant’s son died to the negligent actions of the respondent authorities.

24. Being aggrieved by such inaction and negligence of the respondent

authorities and having suffered huge mental and monetary loss and damages

amounting to Rs. 1,00,000,00/- (Rupees One Crore only) the complainant begs

to prefer this Application.

 (8)

In the facts and circumstances aforesaid the

complainant most humbly prays for the

following reliefs:

a) An order directing the respondents to

refund the Rs. to the

respondent authorities for the treatment and

care of the victim due to the negligent action

on the part of the respondent authorities;

b) An order directing the respondent to pay

Rs…………………………….to the

complainant as compensation for the mental

and monetary loss incurred by the

complainant due to medical negligence on the

part of the respondent authorities;

c) An order directing the respondents to pay

interest at 18% per annum on total amount of

Rs………………………………from the date of

death of the victim till actual payment of the

amount;
 (9)

d) An order for costs of the present

proceedings;

e) Further or other relief and/or relieves be

ordered as Your Honour may deem fit and

proper.

And the complainant as in duty bound shall ever pray.

.
 (10)

AFFIDAVIT:

I son of Sri aged about years, by religion Hindu,

by occupation residing at do hereby verify that the contents

of paragraphs to are true to my personal knowledge and belief and

paragraphs to are believed to be true on legal advice and I

have not suppressed any material fact.

Signature of the complainant

Date : Signed in my presence verified and

Identified by me
Place :

Prepared in my office:
 (11)

DISTRICT: KOLKATA

APPLICATION UNDER SECTION 17 and 18

OF THE CONSUMER PROTECTION ACT 1986

IN THE STATE CONSUMER DISPUTE REDRESSAL

COMMISSION

Consumer Complaint No. OF 2016

…APPLICANT.

- VERSUS -

….RESPONDENTS.

ADVOCATE.
HIGH COURT, C A L C U T T A.
BAR ASSOCIATION, ROOM NO.

Office:-
Email:
Contact No.: