D C JAIN Vs. NASIB KHAN

JUDGEMENT

(1.) THIS appeal is directed against the order dated 17.1.2011 of District Consumer Disputes Redressal Forum, Durg (CG.) (hereinafter called "District Forum" for short) in Complaint Case No. 132/2009, whereby the appellant herein, has been directed to pay a sum of Rs. 22,800 as compensation to the complainant/respondent No. 1 and also to pay a sum of Rs. 2,000 more as compensation for mental and physical agony and a sum of Rs. 1,000 as cost of litigation along with interest @ 7% p.a. from the date of filing complaint till the date of payment, on account of the alleged medical negligence in the treatment and management of the complainant as per the complaint filed by him before the District Forum.

(2.) THE case of the complainant/respondent No. 1 before the District Forum was that he was operated for Family Planning in a camp organized by the Government, by the appellant herein, as well as respondent No. 2 Dr. Banjare. Later on some infection developed on the operation side and there was pus formation. He was privately treated by the appellant and was suggested for a second operation. He contacted another Doctor and spent a sum of Rs. 30,000 on second operation. The allegation of the complainant/ respondent No. 1, is that appellant herein committed negligence while performing first operation and while treating the complainant after the first operation and that is why the complainant was required to undergo second operation.

(3.) THE appellant herein, could not appear before District Forum and the matter was proceeded ex parte against him. Another O.P. Dr. Banjare, appeared before District Forum and refuted the allegations levelled by the complainant/respondent No. 1 against him.