(1.) The Petitioner has filed the instant Revision Petition filed under sec. 21 of the Consumer Protection Act, 1986, against the Order dtd. 22/12/2009 passed by the State Consumer Disputes Redressal Commission, Bhopal, MP (for short "the State Commission") in Appeal No. 621 of 2007, wherein the Appeal was dismissed and upheld the order passed by the District Forum, Bhopal.
(2.) Brief facts are that the Complainant underwent operation of removal of left eye cataract and insertion of intra ocular lens (IOL) at Bhopal Eye Hospital (OP-2) on 9/12/2004. OP-1 promised her that after lens implantation she would not have to use spectacles. On 10/12/2004, she found that blood was coming from the operated eye. She was taken to the operation theater, wherein OP-1 put stitches and asked to come for checkup after 10 days. But due to severe pain on 13/12/2004 she approached the hospital, wherein the stitches were removed and was again called on 20/12/2004, however, she did not get any relief from severe pain in left eye. Even after taking treatment for 5 months, she lost her vision and did not get relief from the pain. Thereafter, she approached other Ophthalmologists and came to know that the OP-1 instead of implanting IOL in posterior chamber, it was implanted outside i.e. in anterior chamber at eccentric location. However, the OP-1 never accepted the fact. Therefore, being aggrieved the Complainant filed a Consumer Complaint before the District Forum, Bhopal.
(3.) The District Forum allowed the Complaint and ordered the Petitioner No.2 i.e. the New India Assurance Company Ltd. to pay an amount of Rs.5.00 lakhs under the Doctor's Professional indemnity policy to the Complainant and Rs.5,000.00 towards cost of litigation.