RAJ KUMAR Vs. RAJEEV JAIN

JUDGEMENT

(1.) This Revision Petition is filed by the Petitioner / Complainant under Sec. 21 of the Consumer Protection Act, 1986 against the Order dtd. 19/12/2019 passed by the State Consumer Disputes Redressal Commission, U.P. (hereinafter referred to as the 'State Commission'), which allowed the Appeal and set aside the Order of the District Consumer Disputes Redressal Forum (hereinafter referred to as the 'District Forum') and consequently dismissed the Complaint.

(2.) Briefly stated the facts are that on 10/4/2010, the Complainant Rajkumar injured his left leg in the road accident. He was examined and was treated by an Orthopedician, Dr. Rajeev Jain (hereinafter referred to as the 'Opposite Party No. 1') at Dr. Narender Memorial Murti Nursing Home at Baraut and then he was operated on 17/4/2010. The Complainant did not get relief. It was alleged that the plates fixed in the leg were not set properly. Therefore, on 9/11/2010, another operation was conducted by the Opposite Party No. 1, even then there was no cure. Thereafter, the Opposite Party No. 1 refused to treat the patient further. Therefore, 3rd operation was done by Dr. Tomar at Raksha Hospital in Bagpat and spent around Rs.1.00 lakh. Being aggrieved by the alleged negligence of the Opposite Party No. 1, the Complainant filed the Complaint before the District Forum, Bagpat.

(3.) The Opposite Party filed its Written Version and denied the allegation of wrong treatment or wrong operation. It was further submitted that the Complainant did not follow post-operative instructions to visit every week, but after six months, he visited the Opposite Party No. 1. There was pus discharge and non-union of bone, therefore 2nd operation was performed. The X-ray taken after the operation revealed good bony alignment.