MANSING RAMU KHADE Vs. RAMESH RAJARAM BHOITE

JUDGEMENT

(1.) This revision petition has been filed by the petitioner against the order dated 20.01.2009 passed by the Maharashtra State Consumer Disputes Redressal Commission, Mumbai (in short, 'the State Commission') in Appeal No. 1688 of 2006 Mansing Rama Khade Vs. Dr. Ramesh Rajaram Bhoite by which, while dismissing appeal, order of District Forum dismissing complaint was upheld.

(2.) Brief facts of the case are that complainant/petitioner met with an accident on 19.10.2002. After accident, traffic police gave blow on right side of complainant's ear on account of which, there was bleeding from his ear. Complainant was admitted in the hospital of OP/respondent. Complainant had no problem at his neck, but he was operated. OP charged Rs.63,986.96 for treatment. Alleging deficiency on the part of OP, complainant filed complaint before District Forum. OP resisted complaint and submitted that after accident, complainant was taken to Local Health Centre where he was advised to be taken to District Hospital. Looking to the condition of the complainant, relatives of the complainant admitted complaint in OP hospital. There was internal haemorrhage. Due to vomiting he suffered Aspiration Pneumonia and to meet the complication, he was required to undergo Tracheostomy and was properly treated and denied any negligence on their part and prayed for dismissal of complaint. Learned District Forum after hearing the parties dismissed complaint. Appeal filed by the complainant was dismissed by learned State Commission vide impugned order against which, this revision petition has been filed.

(3.) Heard learned Counsel for the petitioner and perused record.