JASWINDER SINGH Vs. NEERAJ SUD

JUDGEMENT

(1.) This appeal is filed against the judgment of consumer Disputes Redressal Commission, UT Chandigarh pronounced on 27.05.2005 in CC No.29 of 1998. It is seen from the record that the State Commission had earlier decided this matter on 18.10.1999. The matter came in appeal to the National Commission, which remanded case back to the State Commission in its order of 24.3.2004. The impugned order now before us, was passed in compliance with this order of the National Commission.

(2.) The case of the Complainant before the State Commission was that the Complainant suffered from a congenital disorder in his left eye, which looked a litter smaller than the right one. Except for this physical appearance there was no other defect in his eyes and vision in both eyes was 6/9. He was shown to Dr. J.S. Saini of the eye Department of Post Graduate Eye Institute of Medical Education and Research (hereinafter referred to as PGIMER) and was informed that this physical deformity could be removed by a minor operation. According to the Complainants , it was explained to them as a very minor surgery requiring lifting of the left eye lid a little to make it of the same size as the other eye.

(3.) The surgery was performed, on 26.6.1996 by OP/Dr. Neeraj Sud. It is alleged in the complaint petition that Dr. Sud lacked the necessary expertise and performed the operation in a most Culpable Negligent manner, resulting in injuries to the Cornea and Eye Ball of left eye of Complainant No.1. With slightest care this could not have happened as the operation to be performed related to a different portion of the eye than the portion injured.