ORDER
S P SOOD, JUDICIAL MEMBER:
The present appeal No.1304 of 2018 has been filed against the order dated 29.10.2018 of the District Consumer Disputes Redressal Forum, Panchkula (In short "District Commission") in complaint case No.160 of 2018, which was dismissed.
2. The brief facts of the case are that complainant was suffering from severe throat infection from 20th March 2018. Since there was no relief for the throat infection, high fever and body pain till 25thMarch, 2018, on 25.03.2018 he visited the opposite party for his treatment and was referred for consultation with Dr.Vikas Bhadu, who advised him for admission in the hospital. Accordingly, the complainant got admitted in hospital on the same day. The treating doctor advised him to take soft diet and avoid roti in the meal for few days as it would increase the infection. During stay of the complainant over there, the meals served by the OP included heavy food items under their supervision. He informed the nurses and other para medical staff about the advice bythe specialist regarding diet and complainant even specifically refused to eat the food. The staff of the OP stated that as per reports of doctors, all the meals were fully planned and prepared and served under the dietician. He complained several time to the staff and doctor that he was served with hard diet which was aggravating his condition, but none heeded to his repeated requests. Due to expensive treatment and negligence of the staff, the complainant had no other option but to voluntarily ask for his discharge from the OP-hospital and resort to medication from other private hospital. His condition
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has became worse than earlier which lead to further 15 days of medical treatment just only because of one day's treatment at the OP hospital. He served upon the OP a legal notice dated 27.04.2018, but, OP failed to reply. Thus there was deficiency and negligence in service on the part of the OP, he was left with no other option but to file this complaint.
3. After hearing the counsel for the complainant, the learned District Commission, Panchkula has dismissed the complaint in limine vide order dated 29.10.2018.
4. Feeling aggrieved therefrom, complainant-appellant has preferred this appeal.
5. This argument have been advanced by Sh.Robin Sathi, the learned counsel for the appellant. With his kind assistance the entire record of this appeal as well as the original record of the District Commission including whatever the evidence has been led on behalf of the complainant-appellant had also been properly perused and examined.
6. Learned counsel for the complainant-appellant argued that he was suffering from severe throat infection from 20thMarch 2018 and since there was no relief to throat infection, high fever and body pain he approached the OP hospital on 25thMarch, 2018. As per the advice of Dr.Vivek Badhu, he got admitted in OP-hospital on the sme day. The treating doctor advised him to take soft diet and avoid 'roti' in the meal for few days as it could increase the infection. However, the meals served by the OP included heavy food items under their supervision. Although he informed the nurses and staff about the advised diet and even specifically denied to eat the food but no one bothered in this regard and as a result his condition got worse due to heavy diet. This indifferent attitude of OP clearly shows deficiency in its services.
7. It is not disputed that the complainant was hospitalized in the OP hospital w.e.f. 25.03.2018 to 26.03.2018. It is also not disputed that he was diagnosed with the problem of acute febrile illness and he was found suffering from fever on account of sore throat for three days. There is no dispute regarding diet to be provided to him during his hospitalization period. He was to be served with soft diet. He was also examined by Dr. Prachi Jain who is an expert in ENT. The learned District Commission rightly dismissed the complaint with observation that condition of the complainant was better while he was discharged from the OP hospital on 26.03.2018, even despite his self induced discharge as is evident from the discharge summary. The contents of this summary defy his contentions that his sore throat infection further deteriorated due to his consuming chapatti/Roti in meals being served to him during his hospitalization for a day.
8. Resultantly, the contentions raised on behalf of the present appellant stands rejected as rendered no assistance and found to be untenable and the order passed by the learned District Commission does not suffer from any illegality or perversity and is well reasoned and accordingly stands maintained for all intents and purposes. Hence, the appeal stands dismissed.
3rd June, 2022 Suresh Chander Kaushik S. P. Sood Member Judicial Member
S.K
(Pvt. Secy.)
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