CHANDER MOHAN Vs. GURCHARANJIT SHARMA

JUDGEMENT

(1.) Facts in brief: The Complainant, Mr. Gurcharanjit Sharma, was examined by the Petitioner/OP-1, Dr. Chander Mohan, at Namita Hospital, Amritsar and advised a Cataract surgery on right eye. Accordingly, the operation was conducted by the OP-1 at Rattan Hospital, Amritsar on 4/10/2006 at about 8.30 a.m. The complainant paid Rs.3,000/- as a fee to Dr. Chander Mohan(OP-1). The OP-1 who was posted at Civil Hospital, Amritsar, was also practising privately. During post-operative period OP-1 did not attend the patient, despite several calls. OP-1 was negligent during operation, hence, the Complainant lost eyesight and his eyes got damaged. Thereafter, the complainant/patient was referred to Dr. Om Prakash Satyam Netralaya, on 05.10.2006, where he was examined by the specialist of the hospital and was informed that he has lost the eyesight permanently. Therefore, alleging negligence on the part of OP-1, the complainant filed a complaint before District Consumer Disputes Redressal Forum (in short, 'District Forum') seeking total compensation to the tune of Rs.20 lacs.

(2.) The District Forum observed that the said complaint raises complicated questions of facts which cannot be decided by summary proceedings. The District Forum dismissed the complaint with liberty to avail remedy before the civil court of competent jurisdiction.

(3.) Aggrieved by the order of District Forum, the complainant filed the First Appeal No.234/2010 before State Consumer Disputes Redressal Commission, (in short, 'State Commission').