ANIL KUMAR GUPTA Vs. BANARAS HINDU UNIVERSITY

JUDGEMENT

(1.) The present Revision Petition has been filed against the majority Order dated 05.11.2008 in Appeal No. 159/1998 passed by the U.P. State Consumer Disputes Redresssal Commission, Lucknow, (hereinafter referred to as the State Commission), wherein the State Commission had allowed the appeal of the Respondent and set aside the Order of the District Consumer Disputes Redressal Forum, Varanasi (hereinafter referred to as the District Forum) passed in Complaint Case No. 147/95.

(2.) Brief facts of the case are that in June, 1994, the Complainant (hereinafter referred to as the patient) visited SS Hospital at Institute of Medical Sciences, BHU, Varanasi (hereinafter referred to as the Opposite Party No. 1) for pain in his left knee. Earlier on 02.06.1992 and 22.06.1994, X-rays of left knee were done, which showed some loose body inside the knee joint. Dr. S. C. Goel, the Professor of Orthopaedics (hereinafter referred to as the Opposite Party No. 2) examined the patient and suggested Arthroscopic removal of the loose bodies. The Complainant alleged that instead of Arthroscopy, the Opposite Party No. 2 performed open operation (Arthrotomy) on 28.07.1994. Even after the operation, the patient did not show any improvement. On 17.09.1994, another X-ray of left knee was taken which revealed the loose bodies were still present. Thereafter, the patient consulted Dr. A. K. Singh at Safdarjung Hospital, New Delhi and finally underwent Arthroscopy procedure at Mumbai by the hands of Dr. Anant Joshi on 29.11.1994. He continued follow up advice of Dr. Joshi till 04.01.1995 and gradually his left knee started functioning normally.

(3.) Being aggrieved by the alleged careless and negligent treatment of the Opposite Parties, the Complainant filed a Consumer Complaint (CC No. 147 of 1995) before the District Forum, Varanasi.