R P DAHIYA Vs. DR PARDEEP AGGARWAL

JUDGEMENT

(1.) Shri R. P. Dahiya, who is a practising Lawyer, has invoked the original jurisdiction of this Commission under Sec.12 of the Consumer Protection Act by filing the present complaint seeking a direction for compensation of Rs.12,48,000/- from the opposite party, i. e. Dr. Pardeep Aggarwal, on account of alleged deficiency of service and rash and negligent conduct.

(2.) The case, as set up by the complainant in the complaint, is that on 19th February, 1996, while he had gone for evening walk, he slipped-away on road at Panchkula and suffered a fracture of neck femur. The complainant contacted Dr. P. L. Jindal, Director General, Health Services, Haryana, who after examining him, asked Dr. Pardeep Aggarwal for taking X-ray of the complainant. Dr. Pardeep Aggarwal, opposite party No.1, took X-ray at his clinic and it was found that left neck of femur of the complainant is fractured. The said doctor advised that operation is the only treatment for the fracture suffered by the complainant and told that he being an Ex-Orthopaedic Surgeon of Saket Hospital, Chandimandir, is an experienced and expert surgeon for performing such surgery. Dr. Pardeep Aggarwal opined that total hip replacement of left side is to be done and gave a list of medicines/articles required for the operation. The son of the complainant purchased the medicines/articles, as asked for by Dr. Pardeep Aggarwal. In the evening of 20.2.1996, Dr. Pardeep Aggarwal performed the surgery in Verma Maternity and Nursing Home, Sector 6, Panchkula. Dr. Pardeep Aggarwal on the next date of surgery told the complainant that instead of total hip replacement of neck femur, he had inserted screws and one of the screws inserted was of over size and the same was to be removed after a lapse of some time, otherwise it would create problem to him. The complainant remained as indoor patient in Verma Maternity and Nursing Home, Sector 6, Panchkula upto 23.2.1996. After discharge from nursing home, the complainant kept on visiting the clinic of Dr. Pardeep Aggarwal on account of acute pain. Dr. Pardeep Aggarwal always kept on saying that he is alright and after some time the pain will subside and he even issued a fitness certificate to the complainant, copy of which is annexed as Annexure A-2 to the complaint. The complainant further states that though fitness certificate was issued to him but he was unable to walk even on crutches and he could not resume his routine duties due to pain, which was increasing day-by-day.

(3.) It was on 17.6.1996 that the second surgery was performed for the removal of the screws. Dr. Pardeep Aggarwal removed all screws for the reasons best known to him. On an enquiry, Dr. Aggarwal told the complainant that all screws had been removed, as everything was normal and he issued a fitness certificate to the complainant on 7.7.1996 with an advice to walk with stick. The complainant alleges that though all screws were removed but there was no relief and he had continuous pain. The complainant kept on visiting the clinic of Dr. Aggarwal. On 7.8.1996, Dr. Pardeep Aggarwal assured the complainant that the fracture had been completely united and he can walk even without the help of stick. Copy of certificate dated 7.8.1996 is annexed as Annexure A-5 to the complainant.