E. SYAMALA Vs. ALEXANDER ABRAHAM

JUDGEMENT

(1.) The instant Revision Petition was filed under Sec. 21 of the Consumer Protection Act, 1986 against the Order dtd. 20/2/2013 passed by the Kerala State Consumer Dispute Redressal Commission, Thiruvananthapuram (hereinafter referred to as 'State Commission') in First Appeal No. 104/11 whereby the Appeal filed by the Complainant was dismissed.

(2.) The main grievance of the Complainant that she had problem at D-5 level, however the opposite parties wrongly performed operation at L-4 and L-5 level and removed portions of the vertebra causing injury to nerves which resulted paralysis below the hip. It was alleged that the Opposite Parties Nos. 1 & 2 were not qualified to do neurosurgery. Thereafter, the prolonged Physiotherapy was not fruitful. She consulted a Neurosurgeon at the Medical College, Thiruvananthapuram, who diagnosed a cyst at D5 level and removed the cyst by operation. Being aggrieved by the negligent treatment by the Opposite Parties Nos.1 & 2, the Complainant filed a Complaint before the District Forum, Pathanamthitta.

(3.) The District Forum dismissed the Complaint. The Complainant challenged the dismissal by filing first Appeal before the State Commission. The Appeal was also dismissed. Hence, this Revision Petition.