PREM SINGH VERMA Vs. PREETAMLAL

JUDGEMENT

(1.) This is an appeal under Sec.15 of the Consumer Protection Act, 1986 ('the Act') directed against the order passed by the District Consumer Disputes Redressal Forum, Rajnandgaon (hereinafter referred to as the 'district Forum') in Complaint Case No.55/2002. The District Forum by the impugned order has held the appellant/o. P. deficient in service and directed payment of Rs.2,25,000 with interest @ 9% per annum from 1.5.2002 and, Rs.300 as cost of the complaint to the respondent/complainant.

(2.) Grievance of the complainant is that he sells Khanda Dal by moving from village to village and that O. P. is a medical practitioner treating patients on payment of fee. It is contended that his wife, Pramila, aged 28 years, delivered a female child on 20.2.2002 complained of weakness. O. P. was sent for by the complainant through Pramila's father. On 25.2.2002 O. P. arrived and after examining Pramila told that an injection will be required. He was permitted to do so and he injected some medicine on Pramila's hip. A fee of Rs.80 was paid. Pramila developed pain in her legs. On the next day, the O. P. was informed of the problem who assured that no other medicine is required and that she will improve. But the pain in Pramila's leg increased and the O. P. was called but he did not turn up though he had promised to do so. On 28.2.2002 the pain grew intolerable and still the O. P. did not come although called again. Therefore, Pramila was shifted to the Government District Hospital Rajnandgaon on the night intervening 28.2.2000 and 1.3.2002 at about 1 a. m.

(3.) Doctor attending Pramila informed that there was reaction of the wrong medicine. On 1.3.2002 Pramila was discharged from Government District Hospital, Rajnandgaon and referred to a higher centre. She was taken to the Jawaharlal Nehru Hospital, Bhilai on 2.3.2002. and was admitted where she expired on 22.3.2002. It is stated that the O. P. was called several times in the meanwhile but he only told that he will pay for all the hospital expenses. On 21.3.2002 the O. P. also wrote a letter to this effect.