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2 Consumer Complaint

(1) Mr. Anurag Mehra files a complaint against Sanjivani Hospital and doctors Sanjay Madhavan and Tanvi Gupta. (2) His 14-year old son Ayush collapsed during football practice and was diagnosed with epilepsy but later died due to a reaction to medication administered without history. (3) Mr. Mehra seeks Rs. 10 lakh compensation for negligence, deficient treatment, and death of his son Ayush.

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Suchi Patel
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123 views4 pages

2 Consumer Complaint

(1) Mr. Anurag Mehra files a complaint against Sanjivani Hospital and doctors Sanjay Madhavan and Tanvi Gupta. (2) His 14-year old son Ayush collapsed during football practice and was diagnosed with epilepsy but later died due to a reaction to medication administered without history. (3) Mr. Mehra seeks Rs. 10 lakh compensation for negligence, deficient treatment, and death of his son Ayush.

Uploaded by

Suchi Patel
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© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
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BEFORE THE HON’BLE DISTRICT CONSUMER DISPUTES

REDRESSAL COMMISSION/FORUM AT SURAT

IN THE MATTER OF:


Name: Mr. Anurag kashyap Mehra
Age: 38
Occupation: Private job
Address: A/304, radhe shyam apartment, Bhatar-Althan, Surat – 395017
.................... COMPLAINANT

VERSUS
(1) Name: Sanjivani hospital
Address: Sanjivani hospital, Silver Point, Bhatar Rd, Bhatar,
Athwa, Surat, Gujarat-395001

(2) Name: Dr. Sanjay Madhavan (MBBS, MD-Medicine, DM-Neurology


Age: 38
Occupation: Neurologist
Address: Sanjivani hospital, Silver Point, Bhatar Rd, Bhatar,
Athwa, Surat, Gujarat-395001

(3) Name: Dr. Tanvi Gupta


Age: 23
Occupation: Intern
Address: Sanjivani hospital, Silver Point, Bhatar Rd, Bhatar,
Athwa, Surat, Gujarat-395001
.................... RESPONDENT

COMPLAINT UNDER THE CONSUMER PROTECTION ACT, 1986

(1) Complainant is a father of 14 year old boy named Ayush. He has shifted Surat recently
from Bombay as he got a job in Surat. After shifting to the Surat complainant’s son
Ayush has taken admission in Xevious school. Ayush was a football player. Complainant
works in private ltd. Company. Ayush has a very busy schedule. Other than the study
Ayush actively participates in outdoor sports. He does football practice every day for two
hours and also, he has participated in many football competitions.
(2) One the date 03.07.2022 during his practice Ayush got fit and collapsed on the
playground. He was taken to Sanjivani hospital, where respondent no.-2 diagnosed his
epilepsy. After the treatment Ayush was prescribed sodium valproate and was ask for rest
of few days. So, as per respondent no.-2 instruction Ayush took rest for few days and on
the date 08.07.2022 he started going to school and playing football but the attack was
frequent. So, on the date 11.07.2022 complainant again contacted respondent no.-2. He
increases the dose of medicine. Next day around 10 P.M of the evening Ayush again
collapsed due to seizures. So, Complainant made a call to respondent no.-2 and ask him to
come to complainant’s home to help Ayush. But respondent no.-2 refused to come and
instructed to take Ayush to the hospital.
(3) On reaching hospital respondent no.-3, a young intern, was available. She gave necessary
forms to complainant and complainant fill all the forms. Without asking any medical
history respondent no.-3 administered a commonly used drug to Ayush. And he was taken
to the ICU. On the date 13.07.2022 around 1 A.M Ayush passed away. The autopsy
report disclosed that the reaction of the medicine was the cause of death. After the death
of Ayush complainant had to undergo severe mental suffering for the negligence,
carelessness and mistake committed by you. As a senior doctor respondent no.-2 were
supposed to come hospital but he did not come even though he knows that there was an
emergency. Dr. Tanvi also gave medicine to Ayush without taking suggestion or
consultation from the senior doctor.
(4) Complainant has spent huge amount of Rs. 2,00,000/- on his treatment, special diet,
transportation etc. but due to deficiency in treatment and negligent conduct of you, an
irreparable damage has been done to Ayush which cannot be set off by any amount
whatsoever.
(5) Details of the bill/invoice of service is as below:

Sr.No. Bill No. Amount

1. Bill no.-A122 2,00,000/-

Total 2,00,000/-
(6) Details of payments made by complainant is as below:

Sr.No. Cheque details Cheque number Amount


1. Bank of India, Bhatar road, Surat 000008 60,000/-
Account no.-************
2. Bank of India, Bhatar road, Surat 000009 1,40,000/-
Account no.-************
total 2,00,000/-

(7) So, this complaint is filed because of deficiency in service on the part of respondents. the
trauma and agony suffered by complainant due to the above said deficiency in medical
treatment provided by respondent to Ayush.
(8) As the total amount involved is less than Rupees 20 lakhs, the complaint is being filed
with the Hon'ble District Consumer Disputes Redressal Forum.
(9) In the light of the above said facts and circumstances and for the trauma and agony
suffered by complainant due to the above said deficiency in medical treatment provided
by respondent to Ayush, complainant is entitled to a compensation of Rs. 10,00,000/- (Rs.
Ten Lac only) including the cost of treatment and losses incurred due to negligence of
respondent out of which Rs. 8,00,000/- has been assessed for loss of my client.

(10) The complainant therefore prays:


1. Relief be granted to the complainant as demanded herein.
2. That such orders be passed as the Hon’ble Consumer Forum may deem fit in the
circumstances of the case.
3. That the opponent should be punished severely so that culprits of similar kind would
be afraid to indulge in such criminal activities.
4. That opponent should to be pay a sum of Rs. 10,00,000/- (Rs. Ten Lac Only) as
compensation to complainant on account of money spent on Ayush treatment and for
death of Ayush.
5. Mention any other statement of prayer you wish to state.

PLACE: Surat
DATE:
Signature
VERIFICATION

I, Mr. Anurag kashyap Mehra, resident of A/304, radhe shyam apartment,


Bhatar-Althan, Surat – 395017 hereby declare that I have not misrepresented any facts
nor have tried to hide any information in my above complaint. All the facts mentioned
herein are true to the best of my knowledge.

Surat
Date: -------------------------------------
Mr. Anurag kashyap Mehra

Please note: The affidavit should be notarized/ affirmation before the court authority before
further copies of complaint set are made for submission.

Arrangement of the complaint papers:


Presentation form
Checklist
Complaint
Vakalatnama
Affidavit
List of documents
Documents
Application for injunction (if any)
Application for condonation of delay (if any)

Deposit the complaint file at the consumer court along with appropriate court fee.

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