FATHIMA HOSPITAL Vs. K K JOSE

JUDGEMENT

(1.) This First Appeal is filed against the order of the Kerala Consumer Disputes Redressal Commission in OP No.129 of 1999. The OP-1, Fathima Hospital, is the appellant. The case of the Complainant, K. K. Jose before the State Commission was he was attracted by an advertisement in a local daily news paper Mathrubhoomi, claiming to convert today's dwarf into tomorrow's Amitabh Bachhan. This advertisement was given by the Appellant, Fathima Hospital. It was claimed that height could be increased by one inch within 25 days.

(2.) As per record of the case, the Complainant was admitted to OP-1 hospital on 6.8.1997 and the surgery was performed the next date on 7.8.1997, by OP-2 Dr. N. Selvam. The surgery comprised corticotomy on both legs (middle tibia) and putting of fixators on both legs. Fixators of 120 mm on the left leg and 150 mm on the right leg were put. On 23.8.1997, he was discharged from the hospital. On 7.11.19974 cms. lengthening was noted on both legs and further turning of rings on the fixators was decided to be stopped.

(3.) It is seen from the complaint petition, filed before the State Commission, that the Complainant had informed about swelling on both legs and bending of the legs. He was advised by OP-2 that it will become alright and was not a cause for concern. The complaint petition further mentions increase in pain in the left leg. "On taking the X-ray of the leg and examination it was found that the bone was increased in length by 3 cms. and on the left leg at the place where the bone grew in length had crack. On seeing this the doctor said that Ring Fixator need not be adjusted. In the mean time the leg which already had swelling began to have pus. On several times when the complainant met the doctor saying about the pus the doctor prescribed some antibiotic tablets and asked the complainant to take those tablets".