ARZOO YUSUF BAGWAN Vs. DR. PRASHANT POL

JUDGEMENT

(1.) THE matter in the consumer complaint related to a 12 year old girl, who was taken to the OP, Dr. Prashant Pol with an ear complaint. She underwent surgery on 10.2.2007. But, the problem did not end with it. Her complaint before the District Forum was that she was not given proper medical treatment and therefore, had to spent over Rs.2 lakhs in further treatment elsewhere, yet never regain her hearing power. She, therefore, demanded a compensation of Rs.9 lakhs for the treatment undergone and to be undergone as also for mental and financial hardship suffered.

(2.) THE District Consumer Disputes Redressal Forum Satara, allowed the complaint and awarded compensation of Rs.3 lakhs. However, the Maharashtra State Consumer Disputes Redressal Commission allowed the appeal of the doctor and dismissed the complaint. Complainant Arzoo Yusuf Bagwan has now filed this revision petition against the order of the State Commission

(3.) THE District Forum has observed that the respondent has admitted that the applicant suffered from meningitis and that he advised her to approach a pediatrician for treatment of meningitis. The Complainant was suffering from vomiting and headache, which are indications of meningitis. The District Forum has therefore, addressed the question whether there was any connection between the ear infection and meningitis in this case. The District Forum has apparently relied upon the statement of Dr. Bokil that the problem of Meningitis was because of the presence of bacteria. It has therefore held that -