KISHORI KADAM Vs. POONAM SUHAS MALI

JUDGEMENT

(1.) THIS appeal is directed against the order passed by the Additional District Consumer Disputes Redressal Forum, Mumbai Suburban directing the appellant to pay a sum of Rs. 3,00,000/ - towards compensation, Rs. 50,000/ - towards mental harassment and costs quantified at Rs. 15,000/ - to the complainant. Facts which are material for deciding this appeal and about which there is absolutely no dispute are as under: -

(2.) APPELLANT is a Gynecologist. The complainant was her patient. Complainant first approached the appellant on 18/01/2008 complaining that she did not have her periods since 30/11/2007 and also complaining of acidity. On 18/01/2008, after conducting necessary examination including per vaginal examination, the appellant prescribed a drug to induce the periods and also a tablet to treat acidity. It appears that complainant did not have her periods and, again approached the appellant on 03/03/2008. On that day some more tablets were prescribed basically to treat acidity. Though the appellant noted that the complainant did not have her periods, per vaginal examination was not carried out on that day. Appellant suggested to the complainant to visit a Gastroenterologist. Complainant has categorically stated in her rejoinder that the appellant had not recommended the name of Dr.K.C.Kokal -Gastroenterologist, whom the complainant then consulted on 08/03/2008. Dr.K.C.Kokal was opponent no.2 in the consumer complaint.

(3.) DR .K.C.Kokal seems to have examined the complainant on 08/03/2008, prescribed number of medicines and asked the complainant to undergo Ultrasonography as well as Barium Meal Study of the Upper GI Tract. Accordingly, on 08/03/2008, Dr.Bhooshan Sandh carried out ultrasonography and concluded that there was no evidence of renal or biliary calculus. On 10/03/2008, Barium Meal Study was carried out and Dr.Bhooshan Sandh opined that there was evidence of an ulcer crater in the apical portion of the first part of the duodenum. It seems that on 09/03/2008 some pathological examinations were carried out at the instance of Dr.Kokal and report was positive for Australia Antigen (HBSAG).