In the Court
of the State Commissioner for Persons with Disabilities
National Capital
Territory of Delhi
25- D, Mata
Sundari Road, Near Guru Nanak Eye Centre, New Delhi-2
Phone-011-23216002-04,
Telefax: 011-23216005, Email: comdis.delhi@nic.in
[Vested with
powers of Civil Court under the Rights of Persons with Disabilities Act, 2016]
Case
No.4/1316/2016/Wel/CD / 522-523 Dated: 16.05.2017
In the matter of:
Sh. Arun Kumar
E – 117, Camp No.2,
Nangloi
Delhi
– 110041 ………...…Complainant
Versus
The
Secretary,
Department of
Health & Family Welfare,
GNCT of
Delhi, Delhi Secretariat
NewDelhi–110002 ............................Respondent
Date of
Hearing: 15.05.2017
Present: Sh. Arun Kumar,
Complainant
ORDER
Despite notices of hearing none
appeared on behalf of the respondent.
2. A complaint vide email dated 02.05.2016
of Sh. Arun Kumar addressed to the Hon’ble President of India was received in
the office of the Commissioner for
Persons with Disabilities vide Social Welfare Department letter dated
19.05.2016. The complainant alleged that due to the negligence of Dr. Nidhi
Chopra, Special Grade – III Paediatrics, Bhagwan Mahavir Hospital, Pitampura, Govt. of NCT of Delhi,
one arm of his new born baby (girl child) on 22.04.2015 has become immobile.
3. Although this
was not a case of person with disability, the matter was taken up with
Secretary Health & Family Welfare department Govt. of NCT of Delhi vide
letter dated 01.08.2016. After a number of correspondence between the office of
Commissioner for Persons with Disabilities, Health & family Welfare
Department and Medical Superintendent of Bhagwan Mahavir Hospital, a hearing
was scheduled on 15.05.2017.
4. As per the
version of Medical Superintendent, Bhagwan Mahavir Hospital, efforts were made
to call the complainant to the Hospital to resolve the problem amicably.
However, he did not turn up. She also inter-alia submitted that complaint was
also received through Delhi Medical Council who have been informed that there
was no medical negligence during the treatment given to the daughter of Sh.
Arun Kumar.
5. The
complainant, reiterating his written submissions stated that he had gone to the
hospital and requested that proper treatment should be provided to his daughter
by the hospital and her arm be made functional.
6. The copies of the communications received
from various offices were given to the complainant during the hearing and he
was advised that appropriate Department and authority to deal with his case are
Health & Family Welfare Department, Govt of NCT of Delhi and Delhi Medical
Council who would investigate the issue of medical negligence as well as
provide appropriate treatment to his daughter. He should therefore pursue the
matter with the appropriate authorities.
7. As
the matter does not pertain to a persons with disability, the case is closed in
this court.
Encl: As above.
(T.D.Dhariyal)
State
Commissioner for Persons with Disabilities
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