KIRAN SINHA Vs. A.K. VISHWAKARMA AND ORS.

JUDGEMENT

(1.) Revision Petition No. 306/2011 preferred by the Complainant is filed with a delay of 115 days. For reasons cited in the application for condonation, the delay of 115 days is hereby condoned.

(2.) These Revision Petitions, R.P. No. 3394 of 2010, preferred by the first Respondent, Dr. A.K. Vishwakarma and Revision Petition No. 306 of 2011, preferred by the Complainant, Smt. Kiran Sinha, under Section 21(b) of the Consumer Protection Act, 1986 (for short the "Act") are directed against the order of the Jharkhand State Consumer Disputes Redressal Commission, Ranchi (for short "State Commission") passed in Appeal No.700 of 2007 dated 01.07.2010. During the pendency of the case before the District Consumer Disputes Redressal Forum, Dhanbad (for short the "District Forum") C.C. No. 74 of 2001 was transferred from District Forum, Dhanbad to District Forum, Jamtara. Vide its impugned order, the State Commission set aside the order dated 2.8.2007 of the District Forum, Jamtara, passed in C.C. No. 10 of 2006 and allowed the Appeal directing the Respondent/Dr. Vishwakarma to pay to the Appellant/Complainant an amount of ?2,00,000/- by way of compensation with interest @ 8% p.a. and costs of ?10,000/-.

(3.) The factual matrix leading to these two Revision Petitions are that Smt. Kiran Sinha (hereinafter referred to as the 'Patient') visited Dr. M.P. Jha (hereinafter referred to as the 'Treating Surgeon/Second Respondent) on 20.2.2001 with severe pain in her right upper abdomen coupled with vomiting and jaundice. The patient was prescribed medicines and advised certain investigations including ultrasound scan of the upper abdomen. Dr. A.K. Viswakarma (hereinafter referred to as the 'Radiologist/First Respondent') had done the U.S.G on 23.02.2001 and reported that the Common Bile Duct (hereinafter referred to as the 'CBD') was dilated and measured about 0.7 cms. and that there was a shadow of stone measuring about 1.32/0.64 cms. in the lower end of the CBD. The pancreas showed normal ECO. He had given an impression that there was a stone in the CBD which was the cause of her abdominal pain and Jaundice.