HARISH GUPTA Vs. KUMARI KRITIKA

JUDGEMENT

(1.) This order shall decide both Revision Petitions Nos. RP No. 3005 of 2023 filed by Dr. Harish Gupta/OP-1 and RP No. 655 of 2024 filed by Dr. Surya Dev Tayal/ OP-2 under Sec. 58(1)(b) of the Consumer Protection Act, 2019 (the 'Act') arising from the impugned Order dtd. 6/12/2023 passed by the State Consumer Disputes Redressal Commission, Uttar Pradesh ( 'State Commission') in FA No.1735/2018, wherein the State Commission partially allowed the Appeal of Complainant and set aside Order dtd. 31/8/2018 passed by the District Forum, Ghaziabad (the 'District Forum').

(2.) For convenience, the parties are referred to as placed in the original Complaint before the District Forum.

(3.) Brief facts of the case, as per the complainant, are that in 2015, Complainant No. 1, Km. Kritika, experienced mild swelling in her right eye. She visited Dr. Harish Gupta (OP-1), along with her father on 23/9/2014, seeking treatment. OP-1 referred her to OP-2, Dr. S.D. Tayal, a senior eye surgeon, who prescribed Pred-Forte, advising her to use two drops twice daily for three months. She did but found no relief, and instead, her symptoms worsened. On her return visit, OP-2 advised her to continue with the drops. Before using Pred-Forte, her vision number was 2, with no other issues except mild swelling. However, by her follow-up on 22/12/2014, she reported a gradual loss of vision. OP-2 changed her prescription to PATADAY drops, conducted an eye exam, issued a new prescription and noted emerging issues in her left eye. After three months, on 10/3/2015, she reported further deterioration, and OP-2 re-prescribed Pred-Forte, increasing the dosage to three times daily for three months. Her symptoms continued to worsen, and on 4/7/2015, she consulted Dr. Nitin Dua at Aznam Sunetra Hospital. Dr. Dua diagnosed cataract, 60% in her right eye and 40% in her left, attributing it to prolonged Pred-Forte use, and advised her to avoid sunlight. Being distressed, she met with OP-1 on 7/7/2015, stating that due to OP-2's negligence, she had developed cataracts in both eyes, affecting her life and studies. OP-1 confirmed that prolonged Pred-Forte use could likely cause the cataracts and issued a new lens prescription, which differed from Dr. Dua"s. When she raised these issues with Dr. Tayal, he allegedly responded aggressively, using abusive language and directing his staff to remove her from his office. Aggrieved the complainant filed the present complaint.