S K PANT Vs. MOHD UMMAR AZAZ

JUDGEMENT

(1.) HEARD Mr. Hemendra Kumar Srivastava, learned Counsel for the appellant and Mr. Talib Masood, learned Counsel for the respondent and perused the record.

(2.) THE instant appeal has been preferred against the judgment dated 12.10.2009 of the District Consumer Forum, Kanpur Nagar whereby the complaint of the respondent for recovery of Rs. 50,000 as damages was allowed along with the litigation charges amounting to Rs. 5,000. There was a default clause also according to which if the appellant failed to make the payment good within 30 days from the date of judgment, he will incur liability of interest @ 8% per annum on the amount of Rs.50,000.

(3.) DR . S.K. Pant, the appellant felt aggrieved of the said judgment and filed this appeal reiterating his version that the complainant, who in fact was not a consumer himself, failed to establish that the death of his child was a consequential effect of the medicines he had prescribed for the tuberculosis treatment of his wife Smt. Shahida. The complainant is a homeopath doctor and he has taken his wife to the appellant for treatment of prolonged cough and temperature she was suffering from. The doctor advised pathological test and x -ray and after examining the test reports he diagnosed that the complainant's wife was suffering from tuberculosis in her left lung and prescribed medicines. At the time of the medicines being prescribed Smt. Shahida was under the treatment of a gynaecologist for hypogonadism (infertility). The treatment of the appellant went on for quite sometime and as pleaded by the complainant his wife became pregnant and delivered a male child on 7.7.2007. The complainant pleaded further in his complaint that since the drugs prescribed by Dr. S.K. Pant had side effects and adverse bearing upon his wife and the child both, the child could not survive and eventually expired on 12.7.2007 i.e. five days after the delivery. The complainant then filed his complaint claiming damages.