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| Clinic gets Rs 1,77,479 slap for poor sitting arrangement | | | Early Times Reporter
Jammu | June 2
In a rare case of its kind which may be a lesson for the service sector, the Divisional Consumer Forum has slapped a compensation award on a doctor’s clinic for poor keep and maintenance of its sitting area for visitors.
The complainants told the forum that loose hanging door of the doctor’s clinic fell down on the head of their child resulting into grevious injuries which cost them a huge amount and mental agony in treatment. Holding the complaint valid, the Divisional Consumer Forum (DCF) said that if a broken chair or defective equipment is kept at a place by a service provider which cause injury to the potential users a service provider cannot be escape the liability under the consumers Protection Act, as he has to account for imperfection or short-coming in the service that he provided on payment.
DCF comprising SL Pandita its President and Minu Sharma its member awarded Rs 1, 77, 479 as compensation and treatment of petitioner Sidhak infant of 3 months age who was injured while sitting along with his father in the waiting hall of clinic of the Dr. Ramesh Khajuria, a loose door was along with the wall which fell down on the head of the infant who was seriously injured.
The parents of the infant asked the doctor to check the patient, doctor checked the infant and opined that it was not a serious injury and diagnosed the injury as only a skin injury. Thereafter they brought the infant to their house where they observed the reaction of the infant. They approached doctor again who prescribed medicines.
Thereafter they again approached the doctor on August 28, 2003 where upon doctor admitted the infant in his nursing home and prescribed medicines and further advised for city scan and thereafter the parents of the infant consulted Dr. JP Singh Neurosurgeon and thereafter they shifted to infant to ludhiana and consulted neurosurgeon Dr. TN Shadangi and thereafter they shifted the infant to AIIMS New-Delhi where the infant was operated. On all the medical expenses they have incurred Rs 77479/- and filed a complaint in the Consumer Forum.
The President of the forum Mr. SL Pandita after hearing both the sides and also referred the judgment of the Supreme Court observed as a prudent man, owner of nursing home respondent should not have allowed a loose door to be kept in the waiting room in such a manner which had the potential to fall with slightest moment. Keeping of loose door in such manner by the doctor is fault, in perfection and inadequacy in the quality of the maintenance of waiting room under his control used by his patient. It is like getting fragile sitting facility in the waiting room of nursing home.
If a broken chair or defective equipment is kept at a place by a service provider which cause injury to the potential users a service provider cannot be escape the liability under the consumers Protection Act, as he has to account for imperfection or short-coming in the service that he provided on payment.
That the medical negligence alleged is not proved but imperfection in the maintenance of waiting room there which is deficiency in service and for the same, doctor and none else is responsible. With these observations the forum directed Dr. Ramesh Khajuria that he shall Rs 77479/- which has been spent by the parents of infant for the treatment and Rs 1 lac as compensation with the interest @ 6% per annum from the date of filling of complaint till realization with the further direction that upon deposit of amount before this forum, the amount of Rs 77479/- shall be released in favour of the natural guardian of infant as amount has been spent for the treatment of infant and remaining Rs 1 lac shall be kept in fixed deposit in the name of minor Master Sidhak till he attain the age of majority. Forum also directed the bank where the FD is kept shall ensure that the yearly interest is paid to the natural guardian of the minor so that same is utilized for the benefit of minor. |
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