BABU LAL GUPTA Vs. NAVJYOTI EYE CENTRE

JUDGEMENT

(1.) THE complainant has filed this complaint under Sections 21 and 22 of the Consumer Protection Act, 1986 alleging medical negligence and deficiency in service on the part of opposite parties in the treatment of the complainant and has claimed compensation of Rs. One crore, with litigation cost from the Opposite parties, jointly and severally.

(2.) THE Complainant, aged about 57 years is a businessman, in Delhi, having lucrative business of electric bulbs and tubes. He was a patient of diabetes, which was under control by medication without any complications. The Complainant took some laser treatment in February 1999 and his eyesight was working quite well. In September 2000, Complainant consulted Dr. Shroff 's Charity Eye Hospital, Kedarnath Road, Darya Ganj, New Delhi, for some pain in his eyes. Thereafter, on 14.09.2000, the Complainant was treated at Dr. Shroff 's Charity Eye Hospital and he underwent operation on the left eye - fill in laser photocoagulation, by indirect laser ophthalmoscope. The said hospital vide letter (Annexure - 1) dated 18/11/2000, referred him for the further evaluation and line of management to Dr. Lingam Gopal, Consultant Vitreo Retina Services, Medical Research Foundation, Chennai.

(3.) THEREFORE , the complainant approached OPs for further management because the OPs assured him that they were well equipped and would treat / conduct any surgery, on eye (Annexure 4). Complainant was examined by OPs and it was revealed that the Complainant 's visual acuity was only a perception of light in both the eyes, but there was no hand movement or finger counting. Complainant contended that the assessment made by the OPs was contradictory to the assessment made by the Sankara Nethralaya, Chennai. Since the Sankara Nethralaya, Chennai is a well -equipped, reputed Eye Centre, in the world, and several complicated cases are referred to them, therefore, their assessment must definitely be correct .Thus, on comparing both assessments made, one by the OPs and another by Sankara Nethralaya revealed that the OPs did a wrong assessment of vision in both eyes. It was OP 's malafied intention to create fear in mind of complainant; and gave immediate treatment to Complainant at higher cost.