V SRINATH Vs. GAURAV LAMBA

JUDGEMENT

(1.) This is an appeal filed against the order of State Consumer Disputes Redressal Commission of Delhi in Consumer Complaint No. 238/2000. In the impugned order, the complaint of medical negligence was allowed and a lump sum compensation of Rs. 50,000 was awarded to the complainant. The appeal is filed by all three parties, who were OPs before the State Commission.

(2.) The impugned order was passed on 22.9.2008 and the appeal was filed on30.11.2009. The appellants claim that 179 days were taken in obtaining the certified copy of the order. Even apart from that, there was a delay of 226 days in filing this appeal. The application for condonation of this delay was considered by this Commission on 22.4.2010 and the delay was condoned. Thereafter, the matter has been considered on merits.

(3.) The complainant is a young man who was diagnosed to be a case of Deviated Nasal Septum (DNS). His case before the State Commission was that, after qualifying the written examination for NDA selection, he got himself medically examined at OP-2, LNJP Hospital, as a part of the requirement for NDA selection. It was in this medical examination, that he was diagnosed with DNS condition. According to the complainant, he was advised that it could be corrected through a minor surgery. This surgery- called SEPTOPLASTY - was performed on 7.1.1998, under local anaesthesia, by OP-1, Dr. V. Srinath.