Spring Meadows Hospital v Harjol

Ahluwalia

Issue:
Harjol Ahluwalia Harjot, a minor was brought to the Spring Meadows hospital. Dr. Bhutani
examined him and made the diagnosis that the patient is suffering from typhoid and
prescribed medicines. Ms.Matthew, a nurse, wrote down the medicine name as “Inj. Lariago”
and gave it to Mr.Ahluwalia. Mr.Ahluwalia brought the medicine from a nearby medical store
and Ms.Bina Matthew injected Harjot with it, who collapsed immediately upon receiving the
dose.
Dr.Dhananjay who was the Resident Doctor was called and he diagnosed that the patient is
suffering from cardiac arrest. Harjot was later brought to AIIMS where it was found that
irreparable damage had been done to his brain and he would survive only in a vegetative
state. Harjot’s parents approached the Delhi State Consumer Commission for mental and
asked for Rs.28 lakhs as compensation.
The Contentious Issues Can the parents of the child be considered as consumers? Is the
Commission under the CPA entitled to award the compensation for the mental agony and
suffering of the parents? Whether compensation can be awarded to both the parents and the
child or only to the person who has been the beneficiary of services (child)?

Rule:
Relief that may be awarded by consumer forum: 14(1)(d)
Award compensation for loss or injury suffered due to negligence and/or order opponent to:
1. Remove deficiency in service
2. Discontinue unfair trade practice
3. Pay sum towards loss or injury suffered by large number of people and provide for
adequate cost to parties

Sec 2(1)(d) of CPA

"consumer" means any person who—
(ii) hires or avails of any service for a consideration which has been paid
or promised or partly paid and partly promised, or under any system of deferred
payment and includes any beneficiary of such service other than the person
who hires or avails of the services for consideration
Application:
Supreme Court Observed The parents and the child are both “consumers” as the definition
of a consumer includes “beneficiary of services” which is different from the person who “hires
the services” The Commission is fully justified in awarding compensation to both the parents
and the child for the injury each one of them has sustained.

Conclusion:
The cardiac arrest was caused by high dose of medicine. The injection was to be given by
Dr.Dhananjay, but he allowed the nurse to give it. Thus, the court found him negligent. The
nurse was found guilty of dereliction of duty and the hospital for employing unqualified
people and entrusting the minor in their care. The Delhi State Commission awarded Rs.12.5
lakhs to the minor patient and Rs.5 lakhs to the parents