MANISHA DEWAN Vs. KAILASH KUMARI

JUDGEMENT

(1.) This revision petition has been filed under Section 21(b) of the Consumer Protection Act, 1986 against the impugned order dated 7.11.2012, passed by the Haryana State Consumer Disputes Redressal Commission (for short 'the State Commission') in FA No. 1832/2010, Kailash Kumari v. Manisha Dewan & Ors., vide which, while dismissing the appeal, the order dated 18.11.2010 in consumer complaint No. 121 /2008, passed by the District Consumer Disputes Redressal Forum, Panipat, dismissing the said complaint, was set aside.

(2.) Brief facts of the case are that the complainant/respondent No. 1, after having suffered from pain in her upper abdomen, got herself checked up from Dr. S.K. Chirvi of Chhabra Hospital, Panipat, who suggested that ultrasound examination should be done from petitioner/OP No. 1 Dr. Manisha Dewan. The said ultrasound examination was done on 28.3.2008 and Dr. Manisha Dewan gave the following report:

(3.) After examining the report, Dr. S.K. Chirvi advised operation, saying that there was stone in the gallbladder, which was required to be removed. The said operation was done on 4.4.2008 by Dr. Chirvi at Chhabra Nursing Home, during which the gall bladder was removed, but no stone was found in the gall bladder. Dr. Chirvi also consulted another Doctor Dr. D.K. Singh and both of them were of the opinion that the ultrasound report was not made properly. The complainant filed the consumer complaint in question, seeking direction to the petitioners/OPs to pay medical expenses of Rs. 50,000 and a sum of Rs. 5 lakh as compensation for mental and physical harassment and irreparable loss, involving the removal of gall bladder.