KARIMBHAI DESAI Vs. MAHENDRA J THAKKAR

JUDGEMENT

(1.) This appeal arises from order dated 30.6.2001 rendered by the learned Consumer Disputes Redressal Forum, Ahmedabad District [rural], in Complaint No.5/a/99. Since the complaint came to be dismissed, the complainant has preferred this appeal under Sec.15 of the Consumer Protection Act, 1986 .

(2.) We have heard the learned Advocates for the parties. We have gone through the impugned order. We have gone through the memorandum of appeal and other papers which have been submitted in this matter.

(3.) It was the complainant's case before the learned Forum that he consulted opponent doctor, practising as Ophthalmologist, on 24.7.1998 for ailment in his left eye which had become reddish. Opponent examined him and prescribed medicinal treatment. According to his say he once again reported to the opponent on 26.7.1998 as required. He was advised to continue the treatment - both application treatment as well as oral treatment. According to him redness of the eye did not reduce. Since he had severe pain in the eye and the redness had increased on 29.7.1998, He went to opponent doctor and complained of pain, redness and loss of vision of his left eye. Opponent doctor told him to continue the treatment consoling that he would regain vision. He continued the treatment up to 1.8.1998 but since he had infection in his left eye he lost his vision. On 1.8.1998 the opponent doctor referred him to Dr. Bharatiben at Civil Hospital, Ahmedabad who advised him for surgery of his left eye. It was his case that if the opponent doctor had displayed proper care, attention and expertise, he would not have lost vision of his left eye and he could have been saved from further unnecessary expenditure as well as from mental and physical pain. He prayed for compensation in the sum of Rs.1,75,000/- and cost of Rs.1,000/- before the learned Forum. The opponent resisted the complaint inter alia on the ground that the complaint could not be entertained and the case was required to be referred to a Civil Court. It was his case that the complainant had taken treatment on left eye from different doctors from time-to-time. He had first taken treatment in Nagari Eye Hospital. He then consulted the opponent doctor. He had also an occasion to consult Dr. Anilbhai K. Bavishi. All the doctors tried to save his left eye, but none succeeded as the complainant had corneal ulcer. According to him he had given appropriate treatment for the said ailment which was diagnosed by him at the threshold.