DR. R. D. SHARMA Vs. ASHOK KUMAR SHARMA

JUDGEMENT

(1.) This Revision Petition is filed under Sec. 21 of the Consumer Protection Act, 1986 ("the Act"), against the Order dtd. 31/3/2022 passed by the State Consumer Disputes Redressal Commission, Uttar Pradesh ("State Commission") in FA No. 857/2009 dismissing the Appeal filed by the Opposite Party against the District Consumer Disputes Redressal Forum, Gautam Budh Nagar UP ("District Forum") order dtd. 29/4/2009 in CC No. 95 of 2005.

(2.) For the convenience, the parties are referred to as placed in the First Appeal filed before the learned State Commission.

(3.) Brief facts of the case, as per the complainant, are that he used to work as a foreman in Lakshmi Agency. During work In March-2003, a foreign substance came and fell in his right eye. The complainant visited OP-1 on 10/3/2003 and OP-1 examined his eyes and sent him with medicine. The eye of the complainant, however, did not improve even after taking the medicine given by OP-1. He again visited OP-1 on 21/3/2003 and OP-1 sent him by giving medicines, without any examination. When his eyes did not improve and, day by day, pain in his eye kept increasing, he visited Dr. Udayan Kumar and got his eye examined. On his advice, the ultrasound of eyes was done, and it revealed some foreign substance is still present in his eye. He again went to Yashoda Hospital and got the ultrasound done and on the advice of the doctor there, he went to the All India Institute of Medical Sciences, New Delhi for treatment. On the advice of the doctor, he went to Kailash Hospital for X-ray and got CT Scan done. From both these reports it was found that a foreign substance is present in his right eye, and he was advised for eye surgery. By then his eyesight had reduced by 95%. He contended that he lost his eyesight due to the negligence of OP-1 Dr RD Sharma. The total expenditure incurred for the treatment was about 75000. Due to his poor eyesight, the complainant found unfit for employment and was released from the complainant where he was getting salary of Rs.8,000.00 per month at the time of Incident. Due to OP-1's negligence he suffered immense mental agony. He filed a consumer complaint seeking compensation of Rs.1,95,30,000,.00 along with interest.