KADAR KHAN Vs. G. L. GUPTA

JUDGEMENT

(1.) The present Revision Petition has been filed before this Commission under Section 21(b) of the Consumer Protection Act, 1986 against the impugned order dated 30.07.2007 in Appeal No. 900 of 2005 passed by the State Consumer Disputes Redressal Commission (in short, 'State Commission'). The State Commission allowed the Appeal. The Appeal was filed against the orders passed by the District Consumer Disputes Redressal Forum, (in short, 'District Forum') in Complaint No. 73/2004 dated 28.08.2004.

(2.) Brief facts of the case: The Complainant, Mr. Kadar Khan, on 28.07.2004, took his son, Amjad, about 21/2 months' old, due to illness, to OP, Dr. G. L. Gupta. The OP declared that Amjad was suffering from pneumonia. He gave injections and same medicines for 4 days, i.e. from 28-07-2004 to 31-07-2004. On 31-07-2004, the Complainant took his second son Faizan to OP for cold and cough, for which OP gave injections and prescribed medicine-Phenergan. The OP also expressed that there was no need to take the child to the Children's Specialist, as it will improve by medicines. As per instructions, the Complainant gave the medicines to his children, who became unconscious and on the same day i.e., on 31.07.2000, both the sons expired. The Complainant alleged that OP was negligent, due to false assurance of the OP, who failed to refer both the children to child specialists, and due to over-dose of Phenergan, his both sons died. Hence, the OP-doctor, was negligent for which the Complainant filed a complaint for a compensation of Rs.18,00,000/- before the District Forum.

(3.) The District Forum allowed the Complainant and ordered the OP to pay to the complainant Rs.1,00,000/- as a compensation along with Rs.10,000/- towards mental agony and Rs.500/- as costs.