NARESH SHAH Vs. NIHAR MUNSHI EYE FOUNDATION

JUDGEMENT

(1.) The Appellant filed the instant Appeal under Sec. 19 of the Consumer Protection Act, 1986, (in short "the Act"), against the Order dtd. 14/1/2020 passed by the State Consumer Disputes Redressal Commission, West Bengal (the "State Commission") in Consumer Complaint No. 365 of 2014, wherein the State Commission dismissed the Complaint filed by the Complainant (Appellant herein) against the Opposite Party (Respondent herein).

(2.) For the sake of Convenience, the parties in the present matter being referred to as position held in Consumer Complaint before the State Commission.

(3.) Brief relevant facts as per the Complainant that on 1/6/2011, he sought medical attention at the OP Hospital due to a gradual loss of vision in his left eye, while his right eye remained unaffected. After examination, "Avastin injection" was administered into the left eye for restoring normal vision. However, 4/6/2011, after administering the injection, the patient experienced further decline in vision, ultimately resulting in complete blindness. Subsequently, from 5/6/2011, to 14/1/2013, the OP hospital attempted various corrective measures, including administering "Vancomycin injection," performing a Vitrectomy, and prescribing different medications, tablets, and eye drops. Despite these efforts, no improvement was observed. The damage to the eye was attributed to a severe reaction to the "Avastin injection," as confirmed by various medical journals and experts, including the Regional Institute of Ophthalmology, Kolkata. Consequently, the Complainant filed CC 365 of 2014 before the State Commission, seeking compensation of Rs.1.00 Crore.