JAI PRAKASH GUPTA Vs. DEVENDRA LAL CHANDANI

JUDGEMENT

(1.) The appellant Shri Jai Prakash Gupta was the Complainant in CC-No. 03/SC/2004 before the U.P. State Consumer Disputes Redressal Commission. In his complaint against the OP/ Dr. Devendra Lal Chandani, the Complainant alleged that he had contacted the OP for treatment of a problem in his nose. He was admitted in the ENT treatment centre of OP on 21.1.2002. Due to wrong surgery done by the OP, the complainant allegedly developed several other problems of serious nature. For the wrong treatment, wrong surgery and resultant suffering undergone by him, the Complainant claimed Rs. 1 crore in damages.

(2.) The Commission, by a majority order of two Members, dismissed the complaint on 26.5.2006. The third Member, in a separate order of the same day, held that it was not possible to arrive at a clear finding without assistance of an expert. Therefore, as per his decision, the Complainant was required to either examine an expert or provide the name of an expert, who could be summoned and examined by the Commission.

(3.) Aggrieved by the decision of the State Commission dismissing his complaint, Complainant Jai Prakash Gupta has filed this appeal. We have heard the Complainant in person and Counsel for the respondent. We have also perused the records of the cases.