MASTER ABHISHEK AHLUWALIA Vs. SANJAY SALUJA

JUDGEMENT

(1.) Present appeal has been filed by the Appellants/Complainants, against judgment dated 28.2.2005 passed by Consumer Disputes Redressal Commission, Union Territory, Chandigarh (for short, 'State Commission') in Complaint Case No.39 of 2003, vide which the State Commission dismissed the complaint of the appellants.

(2.) Brief facts as emerge from the complaint are, that Appellant No.1 is the only son of Appellant no.2 (Mother) and Appellant no.3 (Father). All hopes of the family were pinned on appellant no.1 who had not only brilliant academic record, but was also an upcoming sportsman. His father was employed as a Chief Engineer in Merchant Navy and was earning about Rs.1.50 lakhs per month at the relevant time.

(3.) On 11th July, 2003, appellant no.1 was at his School and while playing, he sustained fracture "upper end tibia and displaced epiphysis of tibial tuberosity" (as diagnosed by Respondent No.1/Opposite Party No.1.) Accordingly, appellant no.2 was informed by the School authorities about the incident at 12.00 noon. She immediately rushed to School and found that appellant no.1 was hale and hearty except for slight pain in his left knee. The School authorities helped appellant no.2 in contacting Respondent no.1-Dr. Sanjay Saluja ( who was known to the School authorities). Respondent no.1 asked appellant no.2 to bring the child to his Clinic in Sector-8, Chandigarh. Accordingly, she took appellant no.1 there at about 12.45 p.m. In the absence of respondent no.1, his staff conducted X-Ray of the left knee of appellant no.1. Meanwhile, respondent no.1 also reached at about 1.15 p.m. and after examining the patient, he informed her that it was a simple fracture. Respondent no.1 assured her that it was a minor reduction procedure involving no complication and she was made to repose her full faith in respondent no.1.