Case BriefsTribunals/Commissions/Regulatory Bodies

National Consumer Disputes Redressal Commission (NCDRC): A Division Bench of Dr S.M. Kantikar (Presiding Member) and Dinesh Singh (Member), while addressing the issue of medical negligence by the doctors of Christian Medical College, Vellore awarded compensation to the deceased’ wife.

Deceased got admitted to as a private patient at Christian Medical College, Vellore — OP and on being examined it was found to be a case of Coronary Artery Disease.

The treating doctor advised the deceased to undergo Coronary Angiogram test when the same was conducted, the doctor expressed that it would be better if the patient undergoes Coronary Arterial By-pass Graft (CABG) surgery instead of angioplasty to avoid multiple stenting.

After a couple of days, Dr Sujit discontinued medicines Ecospirin and Clopidogrel and started Heparin 5000 units 6 hourly.

Heparin was started without any laboratory investigations and monitoring protocol.

Complainant had notice bleeding at the site of insertion of the needle but the said complaint was ignored by the doctors.

On the 3rd does of Heparin being given to the patient, it was noted that he suffered from a mini-stroke after that.

An immediate CT Scan was to be done but no stroke evaluation was suggested by the doctor. Later the deceased was transferred to the Thoracic surgery unit in Semi-ICU. Neurologist suggested a CT-Brain Plain study but the same was delayed.

The neurologist after conducting the above-stated scan informed the complainant that as the patient already progressed into coma, nothing more could be done. Finally, doctors suggested the family that they should accept the inevitable event and instead of wasting money allow them to withdraw ventilator support.

Later, the complainant took the opinion of several other doctors who said that the delay caused for stroke management was fatal and it was due to lapses in the hospital.

Patients once again suffered a stroke and died on nothing being done by the doctors.

In view of the above-stated, present consumer complaint was filed for medical negligence and callousness of the doctors at CMC causing the death of the patient.

Commission on perusal of the facts and submissions of the case stated that, the high-risk patients living in the hospital/nursing homes or undergoing cardiac procedures should have monitoring systems to help alert the doctor/staff immediately.

Adding to its analysis, the bench also stated that pre-hospital triage and communication between radiologists, neurologists and emergency physicians are more vital.

Delay in diagnosis and management of stroke was a deficiency and not a reasonable or standard of practice.

Another significant setback that was noted was that there was an urgent need for a brain CT scan of the patient but it was delayed for more than 3 hours for the want of a fresh receipt of Rs 1850 towards CT scan charges even though complainants had already deposited 150000 in advance. 

For the above instance, the bench stated,

Hospital has every right to insist the payment but it was also a prime duty to care the emergency patient.

In view of the above, deficiency/negligence was conclusively established and hence ac compensation of Rs 25 lakhs with an interest of 8% p.a was awarded. [Yashumati Devi v. Christian Medical College, 2020 SCC OnLine NCDRC 211, decided on 11-08-2020]

Suggested Reading

Latest addition to EBC’s Layman Series — Consumer Claims [Buy Now]

SCC Online is now on Telegram and Instagram. Join our channel @scconline on Telegram and @scconline_ on Instagram and stay updated with the latest legal news from within and outside India

Case BriefsTribunals/Commissions/Regulatory Bodies

National Consumer Redressal Commission (NCDRC): Justice V.K. Jain (Presiding Member) while dismissing the revision petition filed by Yash Raj Films with regard to allegations of unfair trade practice & deficiency being placed upon them, stated that,

“I Fail to understand the logic behind including a song in the promo but excluding it while exhibiting the movie, unless the intention of the producer is to deceive the viewer by making him believe that the song would form part of the movie while knowing it very well that the said song would not be a part of the movie when it is exhibited in cinema halls.”

The reason behind the complaint filed by the complainant was that she decided to watch the movie “FAN” on watching the promos of the movie. When the complainant watched the movie, the song “Jabra Fan” was missing due to which she felt cheated and deceived and later she approached the District Forum.

Complaint filed on being dismissed by the District Forum, complainant approached the State Commission wherein it the petitioner was directed to pay a compensation of Rs 10,000 to the complainant.

Petitioner had submitted that the song “Jabra Fan” was shown on TV Channels as a promotional trailer of the film and it had been disclosed to the public at large by way of press interviews that the said song wouldn’t be a part of the movie.

Being aggrieved by the State Commission’s order, petitioner approached the NCDRC.

Question for consideration that arose was, whether the complainant can be said to be a consumer within the meaning of Section 2(1)(d) of the Consumer Protection Act or not.

“Consumer means a person who buys goods or hires or avails services for consideration.”

Complainant paid the price of the ticket to the exhibitor. The price of the ticket received by the exhibitor, after excluding the tax component, is shared between the exhibitor, distributor and producer of the movie. Therefore, it cannot be accepted that the complainant was not a consumer.

Term unfair trade practice is defined in Section 2(1)(r) of the Consumer Protection Act and it includes the practices enumerated in the said Clause though the aforesaid Clause is not exhaustive and there can be practices other than those specified therein which amount to an unfair method or unfair or deceptive practice.

Commission held that the practice of including a song in the promo of a film shown widely on TV Channels but excluding the said song while exhibiting the movie, in my opinion, constitutes an unfair trade practice.

Exclusion of a song from the movie will also constitute a deficiency, as defined in Section 1(g) of the CP Act, if the song is impliedly promised, but is later omitted while exhibiting the movie.

Thus, in the above view, the revision petition is dismissed. [Yash Raj Films (P) Ltd. v. Afreen Fatima Zaidi, 2020 SCC OnLine NCDRC 24, decided on 18-02-2020]

Business NewsNews

As reported by ANI, Four Public Sector Banks have been fined by Reserve Bank Of India.

The stated banks are Corporate Bank of India, State Bank of India, Bank of Baroda and Union Bank of India. All the 4 banks breached the RBI directions regarding monitoring of end-use funds, exchange of information with other banks, classification and reporting of frauds and on the restructuring of accounts.

Penalties have been imposed in compliance with provisions of Section 47A (1) (c) read with Section 46 (4) (i) of the Banking Regulation Act, 1949.

[Source: ANI]