YOGESH (MINOR) Vs. D. C. MITTAL

JUDGEMENT

(1.) The present Revision Petition has been filed by the Complainant (minor Yogesh, through his natural guardian Sumer Chand, hereinafter referred to as the "patient") under Section 21(b) of the Consumer Protection Act, 1986 against the impugned Order dated 20.07.2012 of the State Consumer Disputes Redressal Commission, Panchkula, Haryana (hereinafter referred to as the "State Commission") in First Appeal No. 1431 of 2006, wherein the State Commission allowed the Appeal and dismissed the Complaint filed before the District Consumer Disputes Redressal Forum, Yamuna Nagar, Jagadhri (hereinafter referred to as the "District Forum").

(2.) The instant Revision Petition raises a question whether the alleged injection was given by Dr. D.C. Mittal (hereinafter referred to as the "Opposite Party No. 1" was the cause of injury foot drop to the Complainant patient.

(3.) Brief facts that master Yogesh (the Complainant, hereinafter referred to as the 'patient') about 7 years of age approached Dr. D. C. Mittal for the treatment of fever. The Opposite Party administered one injection in the left gluteal region by which the patient became unconscious and his left leg became paralysed. The patient was unable to walk. Immediately on the same day, the patient's father took him on the same day to Dr. A.V.S. Ravi, the Child Specialist, who diagnosed it as left foot drop and treated the patient till 15.05.2004. Thereafter, he consulted several doctors who diagnosed it as foot drop due to post injection injury. The patient was brought to AIIMS, New Delhi on 24.05.2004 at Neurology Department and thereafter, at TDTR DAV Institute of Physiotherapy, it was again diagnosed as foot drop due to injection palsy. Thereafter, in June, 2004 he approached Goyal Hospital, Jagadhri, Aggarwal Orthopedic Centre, Jagadhri for further treatment. Being aggrieved the patient filed a Complaint through his guardian before the District Forum, Yamuna Nagar, Jagadhri.