PHOOL BAI GUPTA Vs. R BHATTACHARYA

JUDGEMENT

(1.) This appeal, under Sec.15 of the Consumer Protection Act, 1986 is directed against the order dated 3.4.2003 in Complaint No.287/1999 by District Consumer Disputes Redressal Forum, Bilaspur, (hereinafter called District Forum for short) dismissing the complaint of the complainant/appellant.

(2.) The averments of the complainant/appellant stated in brief are that as she suffered from fever she consulted respondent No.1 Dr. R. Bhattacharya on 23.7.1999. She was given treatment and medicines for 12 days by Dr. R. Bhattacharya. However, she suffered from drug reaction and boils erupted in her body. The respondent told her that she suffered from chickenpox and admitted her in hospital from 7.8.1999 to 9.8.1999. Whereafter she was discharged and referred to District Hospital, Bilaspur. Thereafter, the respondent Dr. R. Bhattacharya was approached by Durga Prasad Gupta, the father-in-law of the appellant, Shri Mohan Bhojwani and Dr. Subhash Soni for taking steps for curing the drug reaction suffered by the appellant. However, the respondent Dr. R. Bhattacharya did not take any care of the problem, with which the complainant was suffering. It was further averred by the complainant that as a result of the drug reaction as above, the complainant's right eye was permanently damaged and she had to undergo treatment of Dr. Jain and Dr. Madharia for which she had to incur expenditure of Rs.30,000/-. She accordingly prayed that compensation of Rs.3,00,000/- be awarded.

(3.) The complaint was initially filed only against the respondent No.1 Dr. R. Bhattacharya. It appears that subsequently respondent Nos.2 and 3 Dr. Mrs. R. Bhattacharya and Oriental Insurance Co. have been impleaded on 29.4.2002.