K.S. BHATIA Vs. JEEVAN HOSPITAL

JUDGEMENT

(1.) The appellant had undergone laser surgery in his right eye on 25.05.1995. On the allegation that the surgery had resulted in the loss of vision in his right eye, the appellant filed a complaint before the National Consumer Disputes Redressal Commission on 3.09.1997. In support of his case the appellant relied upon the prescriptions which had been given to him by Dr. Chadha and Dr. Hari Mohan prior to the operation. The appellant also relied upon prescriptions given by Dr. Chadha and Dr. Hari Mohan subsequent to the operation. These documents, according to the appellant, showed that the appellant had normal vision in his right eye before the surgery which was lost subsequent thereto.

(2.) The appellant also relied upon a certificate issued by Dr. Sachdev of Hindu Rao Hospital, Delhi dated 5.09.1997 to the effect that the appellant had lost vision in the right eye consequent upon the laser surgery. A similar certificate was also issued by Safdarjung Hospital on 13.12.2002.

(3.) The respondents have contended that the operation was duly conducted, that the appellant had a macular degenerative disease of the right eye which was a hopeless condition and that the laser treatment conducted by the respondents was the only step that could have been taken. It is further submitted that at least one of the doctors, namely, Dr. Hari Mohan who was claimed by the appellant to have examined the appellant after the operation, had written a letter to the respondent denying that the appellant had suffered any loss of vision by reason of the laser surgery.