HULESH MANDLE, M.D Vs. NEERAJ KUMAR

JUDGEMENT

(1.) The instant Appeal has been filed under Sec. 17 of the Consumer Protection Act, 1986 (the 'Act 1986') by the Appellant, Dr. Hulesh Mandle (the 'OP') against the Order dtd. 1/2/2018 passed by the Chhattisgarh State Consumer Disputes Redressal Commission, Pandri, Raipur (the 'State Commission') in CC/2017/54, whereby the State Commission partly allowed the Complaint.

(2.) Brief facts to dispose of this Appeal are that the Respondent (the 'Complainant') underwent ultrasonography (USG) for abdominal pain on 12/5/2015. It was performed at BSR Pathology Lab and reported that the left kidney of the Complainant was having calculus (stone). The doctors at Avanti Hospital prescribed medicines, but he did not get the relief. Thereafter, he went to Ramkrishna Care Hospitals and on 19/5/2015, USG of abdomen was performed by the OP, who reported no stone or any abnormality in both kidneys. The pain further persisted, therefore, the Complainant went to Vidya Hospital Kidney Centre, Raipur. The USG was performed at Apollo Diagnostic Centre at Raipur, which reported the presence of stone. Being aggrieved by the wrong report given by the OP, the Complainant filed a Consumer Complaint before the State Commission and prayed for Rs.25.00 lakh as a compensation under different heads.

(3.) The OP did not appear before the State Commission and was proceeded against ex-parte.