RAM CHANDRA RAI Vs. MD. ZAHEER

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 11.01.2008 in Appeal No. 327 of 2001 passed by the State Consumer Disputes Redressal Commission (in short, 'State Commission '). The State Commission dismissed the Appeal. The Appeal was filed against the orders passed by the District Consumer Disputes Redressal Forum, (in short, 'District Forum ') in Complaint No. 66/2000 dated 14.06.2001.

(2.) THE present Revision Petition is filed by the Complainant, Mr. Ram Chandra Rai took his son, Mr. Amaresh (herein after referred as ''patient '') to Dr. Md. Zaheer, the OP, for pain in the stomach, on 24.04.2000, Dr. Md. Zaheer operated the patient on the same day. The post -operative pain did not subside, despite medicines prescribed by the OP. The OP got annoyed due to repeated enquiries by the Complainant and discharged the patient, saying that the pain would gradually vanish. Again, on 10.05.2000, the Complainant, with his son, visited the OP, for the same pain, for which the OP prescribed few medicines, but the patient got no relief. Hence, the Complainant, took his son to Dr. Ashutosh Sharan, on 11.05.2000, who performed another operation upon the patient and discharged him, on 02.06.2000, after total cure. Hence, the Complainant alleged that the OP doctor committed negligence and deficiency in service in diagnosis as well as in performing the surgery and during post -operative period. The Complainant spent a total sum of Rs.15,000/ - for the treatment, because of which he had to sell out his land. Hence, filed a complaint before the District forum for claiming a compensation of Rs.1.5 lacs from OP.

(3.) THE District Forum held the OP negligent and directed pay a compensation of Rs.50,000/ -, and Rs.500/ - towards litigation charges to the Complainant.