GULAB SINGH Vs. PGI

JUDGEMENT

(1.) THIS appeal has been directed by the complainant against order dated 4.5.2005 passed by District Consumer Disputes Redressal Forum -II, U.T. Chandigarh, whereby his complaint was dismissed, leaving the parties to bear their own costs.

(2.) BRIEFLY stated the facts are that the appellant (complainant) is resident of Village Naina, Tehsil and District Kaithal (Haryana) and was suffering from pain and other ailments in his right ear. In the year 1992, he had consulted Dr. Rajesh Loomba at Ambala, who operated his right ear. After the operation, he felt relief in his right ear from the problem of headache and leaking of liquid from that ear. In the year 2002, he felt the same problem in the left ear and contacted Dr. Rajesh Loomba at Ambala, who after examination advised him to get better treatment at PGI, Chandigarh. Accordingly he visited PGI, Chandigarh and was examined by the doctors, who after examination, advised him that right ear was to be operated upon again and with that operation, his problems such as headache, loss of hearing of the left ear and facial palsy would be removed.

(3.) IT was next averred that after 3 -4 days of the operation, he observed that after the operation, his right eye remained open while he was in sleep and water also leaked continuously from that eye and he experienced heaviness in his forehead and the ear remained almost wet. Consequently, he went to the PGI and reported the problems and the doctors gave 2 -3 stitches on the right eyelid and told that those stitches would be removed and was called on the next Wednesday for that purpose but those stitches were not removed and finally in the month of December, 2002 he was told that stitches would remain forever. He also complained that his left ear had again started giving discharge and he had experienced facial palsy but his repeated visits to the PGI did not show any improvement. His face after operation was disfigured as he had suffered partial paralysis of the face muscles. Although he spent huge amount on his treatment, yet his condition did not improve. With the facial palsy/disfigurement, defect in the eye and ear, he is not fit to get a Government job. This problem had occurred due to gross negligence of the doctors of PGI. It was further averred that he consulted specialists Dr. Grover of Grover Hospital, Chandigarh and Dr. S.K. Kacher, New Delhi and both the doctors told him that he had to live with all these ailments throughout his life because while operating his right ear, some veins leading to eye and of right cheek, had been damaged and except plastic surgery, there was no other treatment but he did not go for plastic surgery as the treatment of the face was very expensive and beyond his capacity. With these allegations, the appellant had claimed following amounts from the respondents jointly and severally: