SHAILENDRA KUMAR BAJPAI Vs. KULDEEP SAXENA

JUDGEMENT

(1.) The present Revision Petition has been filed by the Petitioner (hereinafter referred to as the 'Opposite Party No. 1) under Sec. 58(1)(b) of the Consumer Protection Act, 1986 against the Order dtd. 18/2/2021, wherein the U.P. State Consumer Disputes Redressal Commission, Lucknow (hereinafter referred to as the "State Commission "), dismissed the Appeal and upheld the Order passed by the District Consumer Disputes Redressal Forum, Kanpur Nagar (hereinafter referred to as the "District Forum ") in Consumer Complaint No. 413/2005.

(2.) Brief facts that the Complainant Kuldeep Saxena, a labourer suffered fever and approached the clinic of Dr. S. K. Bajpai - the Opposite Party No. 1 at EWS 4/7 KDA Colony, Gangapur, Kanpur Nagar on 11/9/2004. The Opposite Party No. 1 diagnosed it as Malaria and gave injections and some medicines. The Complainant paid Rs.50.00 as his fees. The Complainant, on reaching home, within hours, few blisters developed in the body and there was difficulty in breathing and throat problem. Immediately in the night at 1 'O clock, he approached Dr. S. K. Bajpai, but his clinic was closed, therefore, with the help of neighbours, he was admitted at Jagrati Nursing Home under the care of Dr. Sangeeta Singh. Thereafter, on 16/9/2004, the Complainant was referred to Tulsi Hospital- Opposite Party No. 3 for treatment. Subsequently, there was no improvement, but the Complainant 's eyesight started reducing. Therefore, he was discharged from the Opposite Party No. 3 on 25/9/2004. Thereafter, the Complainant tried to contact the Opposite Party No. 1, but he vanished from the Hospital. The Complainant came to know that the Opposite Party No. 1 has no medical degree and he was a satchel (Jholachhap) doctor. Being aggrieved by the faulty treatment and medical negligence, caused by the Opposite Party No. 1, the Complainant filed the complaint before the District Forum.

(3.) The District Forum, after going through the averments of the parties, allowed the Complaint and directed the Opposite Party No. 1 to pay Rs.4,00,000.00 to the Complainant with cost of litigation of Rs.2,000.00.