PRABHAVATI PRADHAN Vs. PRASHANT SHRIVASTAVA

JUDGEMENT

(1.) THIS is an appeal under Section 15 of the Consumer Protection Act, 1986 (the Act ) challenging the order passed by the District Consumer Disputes Redressal Forum (hereinafter referred to as the District Forum for convenience) in Complaint No. 78/2000 on 7.10.2000 dismissing the complaint.

(2.) COMPLAINANT has also sought permission to file certain documents relating to her treatment after filing this appeal. The application under Order 41 Rule 27 is allowed since it appears that the documents are necessary for disposal of the appeal.

(3.) THE complainant Prabhavati, a 13 years old school -girl, has averred in the complaint that her right eye got injured on 24.12.1997 and she was taken to Ambikapur Hospital. She was operated by Dr. Prashant Shrivastava of the Government Hospital, Ambikapur the next day and her eye was bandaged. After opening of the bandage after one day she was unable to see from her right eye while earlier even despite injury she was able to see with her right eye. Thereafter she was taken to LV Prasad Hospital Hyderabad but her eye sight could not be restored. It is alleged that some nerve was cut off due to negligence in operation rendering her blind by one eye. Complainant has submitted the affidavit of father Safedram, and a money receipt for Rs. 50/ - paid to the hospital in support. A compensation of Rs. 4,00,000/ - towards expenses of treatment and damages have been claimed.