ROHINI DEVI Vs. H S CHUDAWAT

JUDGEMENT

(1.) Dr. H. S. Chudawat (Opposite Party No.1) runs an eye hospital under the name of "alakh Ashish Eye Hospital" at Durga Marg, Ashok Nagar, Udaipur. Complainant Smt. Rohini Devi, aged 45 years, is wife of Dr. Mohan Lai Paliwal, Managing Director, Krishna Chemicals, Udaipur.

(2.) Complainant Smt. Rohini Devi had catract in her right eye. She consulted opposite party No.1 on 10.10.90 who advised her to get intraocular lens implanted in her eye after operation for catract. On 24,10.90 herright eye was operated for cataract and after operation, intraccular les was implanted inside her right eye so that the complainant may be able to see without using spectacles. An amount of Rs.1500/- was charged by opposite party No.1 as fees for this purpose.

(3.) According to the complainant, the operation was not successful because th vision did not return normal for six months. Complainant had been contacting opposite party No.1 for check-up after every fortnight. On 22.3.91. it is alleged, the opposite party No.1 advised for getting a more costlier intraocular lens implanted in eye. It is alleged that opposite party No.1 guaranteed that on re-implantation of the lens, her eye-vision would certainly become normal. On 1.4.91, opposite party No.1 re-operated the right eye of the complainant and another intraocuar lens was implanted in the eye after charging an amount of Rs.3500/-. However, despite that vision of right eye of the complainant did not return. The complainant met opposite party No.1 several times with her husband and she was assured that vision would surely return. Ultimately, the complainant consulted a Senior Doctor in General Hospital and the latter advised her that the intraocular lens implanted by opposite party No.1 should be got removed otherwise considerable damage would result to her eye. Doctor of General Hospital also told that there was no vision in the eye in which dislocated lens is implanted. Her right eye was again operated on 7.1.92 in the General Hospital and the intraocular lens was removed from the eye.