(1.) Heard Mr. Subham Bhalla, Advocate, for the petitioner, Mr. Digvijay, Advocate and Ms. Aakriti Goel, Advocate, for respondent-2.
(2.) Above revision petition has been filed against the order of State Consumer Disputes Redressal Commission, Haryana, dtd. 18/1/2018, passed in First Appeal No.784 of 2016 (arising out of the order of District Consumer Disputes Redressal Forum, Faridabad, dtd. 15/6/2016 passed in CC No.48 of 2013), whereby District Forum has partly allowed the complaint and directed the petitioner (opposite party-1) to pay Rs.500000.00 as the compensation and State Commission has dismissed the appeal.
(3.) Mr. Digvijay, Advocate (respondent-1) filed CC/48/2013, for a compensation of Rs.20.00 lacs from the petitioner, alleging that during his treatment for skin disease from 12/9/2010 to 18/5/2011, the petitioner administered modern allopathic medicines, although he had degree of "Ayurvedacharya" and had no knowledge/qualification of those medicines; due to which another diseases namely "herpes zoster" and "cataract" had developed to him and his condition had become very critical. The complainant stated that Dr. Shailender Dhawan (the petitioner) was running a skin clinic in the name of "Kayakalp Global Skin Clinic", at Clinic Site No.5, Sector-17, Market, Faridabad, displaying his name as Senior Consultant and qualification as "Ayurvedacharya, B.A.M.S., M.D. (Alt.Med.). The complainant went to the clinic of the petitioner on 12/9/2010 for treatment of his skin disease. The petitioner examined the complainant and informed that he was suffering from "Active Vitiligo". The petitioner prescribed (i) Leucocure ointment in morning with sun exposure. (ii) Crolim 0.1% (At bed time on face only). (iii) M-1/93 (at bed time on body), 3 weeks continue, 1 week gap. (iv) Cap. Leucocure 1 Cap. in morning after breakfast, 2 after dinner. (v) Tab. Aromaltas 1 tab. in morning after breakfast, 1 after dinner. (vi) Tab. Precorti 5mg., 3 tab. after breakfast, 3 after dinner on Monday and Tuesday only. (vii) Tab. Dicaris 150 mg. 1 tab on Saturday (N) and 1 tab on Sunday (N) only. The petitioner charged Rs.5000.00 and asked to take medicines for three months regularly. As per advice, the complainant took above medicines for three months regularly but no relief was experienced. The complainant then again went to the clinic of the petitioner on 17/12/2010. The petitioner charged Rs.5000.00 from the complainant and prescribed (i) Tab. Aromaltas, 1 tab in morning after breakfast, 1 tab after dinner. (ii) Tab Precortil 5 mg. 3 tablets after breakfast, 3 after dinner on Monday and Tuesday only (iiii) Tab. Dicaris 150 mg. 1 tab on Saturday (N) and 1 tab on Sunday (N) only. The petitioner again advised to take above medicines continuously for three months. As per advice, the complainant took above medicines for three months regularly but no relief was experienced. The complainant then again went to the clinic of the petitioner on 19/3/2011. The petitioner charged Rs.8000.00 from the complainant and recommended for Blood Test for HB, TLC, DLC, ESR, Platelet counts, Blood sugar, Random SGPT. After examination of test report, he prescribed (i) Leucocure ointment in morning with sun exposure. (ii) Tbis 0.1% forte/Tacroz 0.1% Forte (At bed time on face only). (iii) Momate ointment MTAZ or Cutizone ointment (at bed time on body), 3 weeks continue, 1 week gap. (iv) Cap. Leucocure 1 Cap. in morning after breakfast, 2 after dinner. (v) Tab. Aromaltas 1 tab. in morning after breakfast, 1 after dinner. (vi) Tab. Dicaris 150 mg. 1 tab on Saturday (N) and 1 tab on Sunday (N) only. (vii) Zempherd 16 mg. Monday (M), Tuesday (M). (viii) Vedashave Lotion. (ix) Vedawave Shampoo/Body wash. (x) Snltop Lotion effect for hair loss (N), medicines and again asked to take it for 3 months with some precautions. The complainant was taking medicines regularly as per prescription. In middle of May, 2011 "herpes zoster' on his both lips, palate, gums and nose right side, cataract in both the eyes with acute weakness were developed, then he consulted with Dr. Manoj Jain, MBBS DVD Md (skin) on 16/5/2011 at his Vardhman Skin Clinic and Cosmetic Laser Centre, who diagnosed the disease "herpes zoster'. Due to poor condition of the complainant, he was admitted at Sehgal Nursing Home, B-364, Meera Bagh, Outer Ring Road, Delhi, on 16/5/2011 and discharged on 20/5/2011, where he was treated by Dr. Manoj Jain in consultation with Dr. Narin Sehgal, MS (Surg). He continuously took medicines till August, 2011 as prescribed by Dr. Manoj Jain. For cataract, the complainant get treatment from Dr. Ritu Goel MBBS, MS (Ophth) and eye surgeon Dr. A.K. Chadha, MBBS DOMS (Ophth), who operated the cataracts. The complainant spent about Rs.1.5 lacs in his treatment with Dr. Manoj Jain and Rs.50000.00 in his treatment of cataracts and suffered professional loss of Rs.5.00 lacs during this period. Due to wrong prescription of medicines by the petitioner the complainant faced hazardous condition and threat to his life has been created. The petitioner was "Ayurvedacharya" and did not have knowledge and experience of allopathic medicines.