Out of Rs.1 Crore, Rs.75 lakhs were claimed towards mental pain and agony.. Well, the case got dismissed. The patient was also found to be in good health.

Can any one suffer mental pain & agony of Rs.75 lakhs ? !! - The unrealistic case filed just to confer jurisdiction directly on NCDRC, got dismissed.

Case Details.

Reetu Jhamat V/s. M/s. Neelkanth Hospital, Gurgaon, & 2 others.

CC No.2661/2017.

Decided on 15/05/2018.

Before :

HON'BLE MR. DR. B.C. GUPTA,PRESIDING MEMBER.

 HON'BLE MR. DR. S.M. KANTIKAR,MEMBER.

Judgment Link :

http://cms.nic.in/ncdrcusersWeb/GetJudgement.do?method=GetJudgement&caseidin=0%2F0%2FCC%2F2661%2F2017&dtofhearing=2018-05-15

Facts in short :

1.The Complainant was having abdominal pain, on 03.08.2016 approached Dr. Subrat Saxena i.e. the Opponent No.2 in the said Hospital. After USG she was diagnosed with “Cholelithiassis” i.e. Gall bladder stone (multiple small gall bladder stone).

2. She underwent laparoscopic Cholecystectomy on the same day and discharged from the hospital on 5.8.2016. However she had severe abdominal pain, she was again hospital on 07.08.2016. After further investigation,  the doctors found that large amount of fluid was collected in the abdomen and lungs.  The MRCP  was also done and reported as segmental irregularity and narrowing of common hepatic duct.

3. The Complainant thereafter got admitted in Medanta Hospital 10/08/2016. The MRCP was performed, it diagnosed Biliary fistula  & lung bases revealed bilateral mild pleural effusion. Thereafter due to complications she had to be admitted on and off in the Hospital for next 3 months and finally on 08.12.2017,  she was operated successfully operated for exploratory laparotomy with hepatico-jejunostomy. 

4. Thus she filed a compliant with Haryana State Medical Counsel against the Hospital and thereafter, the complainant  filed a complaint before this Commission on 11.09.2017 for compensation of Rs.1,10,06,768/- under different heads. It was contended that she had to spent about 7 lakhs rupees in Medanta Hospital and she as well as her husband lost their jobs. Plus all her family members suffered a great deal of mental pain and agony and initially claimed Rs.75 lakhs towards the same, but later on in the Affidavit, complainant tried to explain the bifurcation under various heads of general damages. 

5. The Opponents refuted all the allegations and contended hat the facilities in the Hospital are upto the mark and proper treatment was given as per protocol and the claim was highly inflated.

Held :

1. The Commission firstly asked the complainant to submit the details of different compensation amount under different heads. 
2. The Commission observed that the Complainant could not produce any documentary evidence to prove her bonafide loss of salary (including that of her husband). 
3.We are unable to understand which nature of suffering in the future will cause loss of Rs. 20 lakh.  Moreover, the complainant is present before us during the arguments and she appears to be healthy.  She did not suffer from any deformity.

4. The Complainant failed to prove her alleged claim of Rs.1 Crore, even though it was an admitted fact that she spent about Rs.8 lakhs in her hospitlisation. It was held that the compliant was unrealistic and was inflated  just to confer the jurisdiction upon National Commission.

5. The Complaint was dismissed, but there was no finding given upon the allegation of Medical Negligence and the complainant was given liberty to file a fresh case, if she could as per law.

There is no court fees stamp duty attracted for filing a case in Consumer Court unlike in Civil Court, where stamp duty is dependent upon the value of claim made. In the instant case also, no doubt the lady and her family must have suffered a lot, however, mere allegations in the compliant are of no use unless supported by documents. First Plead and then lead (evidence) is the rule of law. The Court could have saddled cost upon the complainant for filing such inflated compliant, but seems to have refrained since CPA is a Welfare Legislation. 

In previous case also the National Commission dismissed the complaint claiming Rs.6 Cr.+ compensation as it was proved from the Facebook posts that Complainant was fine and hearty. 
You may see it on following link. :
http://advrohiterande.blogspot.com/2018/05/a-case-claiming-rs6-crores.html

In the instant case complainant herself was present in-person before the Court. This factum is very important and may be adopted by lower Forums.

Thanks and Regards

Adv. Rohit Erande.

Pune. ©