BHUNESH KUMAR BHATNAGAR Vs. DHAPA DEVI

JUDGEMENT

(1.) These two appeals arising out of the consolidated order of the D. F. , Dausa dated 23.9.1997 deciding two separate complaints bearing Nos.447/1996 and 448/1996 involve common facts. These are, therefore, disposed of by this consolidated order.2. The relevant facts are these,appeal No.2393/1997 (Complaint No.447/1996)Smt. Dhapa Devi, respondent had filed her complaint under Sec.12 of the C. P. Act, 1986 (the Act) against the appellants alleging that she had consulted the appellants in connection with her eye trouble and the appellants had advised her to get her eyes operated. The appellants charged a sum of Rs.1,300/- from her and operated her eyes but damaged the same leading to blindness. In support of her version she had relied upon her own affidavit and the affidavit of her son Kalyan. A prescription slip from a doctor of the Government Hospital dated 30.4.1997 was also produced. Appeal No.2394/1997 (Complaint no.448/1996)

(2.) In this case Smt. Rangi Bai, complainant-respondent made similar accusation against the appellants. She averred in her complaint that the appellants had charged a fee of Rs.2,600/- for operating her left eye but even after the operation pain was still there in her eye and led to blindness of both of her eyes. She supported her version by filing her own affidavit and the affidavit of her son Prahlad.

(3.) In common, both the complainants had alleged that Mukesh Kumar @ Bhunesh Kumar appellant had carried on the operation on their eyes. It was also alleged that Dr. S. N. Bhatnagar, appellant, was running his eye-hospital under the name of Bhatnagar Eye Hospital at Lalsot, District Dausa though neither of them was a qualified doctor to conduct surgical eye-operation. Each of them claimed compensation for mental agony at Rs.1,00,000/- and cost of litigation at Rs.3,000/- besides the refund of the amounts paid by them by way of appellants fee.