VINAY SRIVASTAVA Vs. P S HARDIA

JUDGEMENT

(1.) One of the most wonderful and precious things in nature is the eyes. Unfortunately, in this case, we are dealing with eye sight of complainant, Shri Vinay Srivastava. At the time of filing of this complaint on "29.06.1998", the complainant was aged 34 years old. He was working in a Private Organisation, as a Store Supervisor. His job involves him to extensive reading and writing and for that the complainant needs good eye sight. However, the complainant was suffering from hypermetorpia and to save himself from this illness, he was using spectacles of plus 9.5 He heard about Dr. Hardia, the OP, in this case and he was informed that he was quite capable to remove the spectacles with the help of a minor operation. The complainant approached the OP in Feb-March, 1995. The Doctor assured him that he will have to do a minor operation and he has cured hundreds of such cases. The complainant gave his consent and he was admitted in the OP's hospital on 28.02.1995.

(2.) The OP conducted the operation on 01.03.1995. He was advised to take rest till 10.03.1995. However, there was no improvement after the operation. In the month of November, 1995, the complainant approached the OP. OP informed him that this problem can be solved by PRK technique (Photorefractive Keratotomy (PRK) Eye Surgery. Since there was no option open to the complainant, he gave his consent. He was again admitted in the hospital on 06.11.1995 and was operated on 08.11.1995. He was asked to take rest till 18.11.1995. However, still there was no improvement. The complainant again approached the Doctor. First of all, he refused to give his ear to his grievances. Subsequently, OP insisted that he would be perfectly alright by the third operation. The complainant had no other option but to give his consent. The complainant tried to show him the test report of Dr.S.Bharati, In charge of M/s.Bharti Eye Foundation, East Patel Nagar, New Delhi with remarks "B/E Central Corneal Haze", dated 07.03.1996. OP told the complainant that such reports are baseless and have no meaning. The complainant was operated for third time on 16.05.1996 and remained admitted under the supervision of OP, till 22.05.1996. To his great surprise, even after going through the third operation, neither his vision was improved nor he could get the relief of removing of his spectacles.

(3.) The complainant got his eyes tested from Noida Medicare Centre, 16-C, Sector-30, on 28.06.1996. He was informed that Cornea of both the eyes have become opex with remarks "Central Corneal Opacity Macular".