MAHABIR Vs. C D SHARMA

JUDGEMENT

(1.) THIS revision petition has been filed by Mahabir (hereinafter referred to as the 'Petitioner ') being aggrieved by the order of the State Consumer Disputes Redressal Commission, Haryana (hereinafter referred to as the 'State Commission ') in First Appeal No.746 of 2004 which was decided in favour of Dr.C.D. Sharma, Respondent herein.

(2.) IN his complaint before the District Forum, Petitioner has contended that he had taken his daughter, Seema(Beena) aged 15 years to the Respondent 's hospital after she had sustained an injury in her right arm and after examining her, Respondent advised that an operation would be required to remove a piece of bangle might which was embedded in her arm. Petitioner 's daughter was admitted in the hospital on 11.10.1998 and a operation was conducted on her by the Respondent on 18.12.1998. Thereafter, Petitioner visited Respondent 's nursing home regularly for bandaging and dressing the wound of his daughter upto 18.01.1999 and he spent Rs.20,000/- on the medical treatment. On 27.01.1999, it was noted that there was some problem at the operation site and another operation was performed after which some wooden broom sticks were wrongly inserted in the arm of Petitioner 's daughter. Petitioner thereafter consulted another doctor, Dr.Sanjiv Pathak and the said doctor daily removed 30 to 35 broom sticks from the wound which had become infected. Petitioner spent another Rs.10,000/- on removal of these sticks and apart from financial loss also suffered mental agony, harassment and inconvenience. Alleging medical negligence, deficiency in service and also unfair trade practice on the part of the Respondent, Petitioner filed a complaint before the District Forum requesting that Respondent be directed to pay him compensation of Rs.1 lakh on account of mental agony and financial loss caused to him with interest @ 24% per annum as well as litigation and other relief as deemed appropriate.

(3.) THE District Forum after hearing both parties allowed the complaint and directed Respondent to pay Rs.1 lakh to the Petitioner as compensation for deficiency in service. The relevant part of the order of the District Forum is as follows: