DARSHAN LAL ARORA Vs. VIVEK PAL

JUDGEMENT

(1.) Shri Darshan Lal Arora, the Complainant, on 11/07/2000, underwent a cataract surgery and lens implantation in the right eye from the OP- Dr. Vivek Pal. On the next day, the Assistant of OP, removed the bandage from the right eye Thereafter, on 15.07.2000, the Complainant had unbearable pain in the right eye, for which Complainant called the OP, who advised to take any pain killer and if the pain persists to, contact him, on 17.07.2000. Accordingly, the Complainant visited the OP, on 17.07.2000, and again, on 20.07.2000, which did not yield any improvement in the vision and there was a persistent pain in Right eye. Subsequently, the OP operated again on the Complainant's right eye, on 25.07.2000 and again operated for Glaucoma, on 09.08.2000.Thereafter, the Complainant's son took him to Australia, where he was examined by various doctors. One Dr. Michael, GI Brantly, examined the Complainant, on 30.08.2000, and gave the opinion in a letter. On coming back to India, the Complainant approached the OP again, but, the OP expressed his helplessness, as nothing could be done anymore and the right eye would remain, as it is. The OP further referred the Complainant to Dr. Shroff, who suggested implanting contact lenses to restore vision in the right eye, but it also failed. The Complainant again went to Australia on 08.10.2002, where Dr. Jayachandra examined him and opined that it is a clear case of negligence on the part of the OP and issued such letter. The Complainant, thereafter, came back to India and again approached the OP doctor, for his examination on 19.08.2002, and showed him the reports issued by Australian Doctor, Dr. Jayachandra, and then the Complainant filed a complaint before Delhi Medical Council (DMC), against OP, but the DMC exonerated the OP. Hence, alleging deficiency in service by OP, the Complainant filed a complaint before the Delhi Consumer Disputes Redressal Commission, Delhi for compensation of Rs.1.80 lakhs towards the entire treatment, Rs.2.30 lakhs towards the travelling expenses to and fro India-Australia and Rs.2 lakhs towards the harassment, along with interest @ 18% p.a. + the litigations Cost.

(2.) The District Forum allowed the complaint, directing the OP to pay a sum of Rs.2,00,000/- as compensation and Rs.10,000/- as the litigation charges.

(3.) Aggrieved by the order of District Forum, the OP doctor preferred an appeal, FA 197/2008 before the State Commission.