GURMUKH SINGH Vs. RAJIV GUPTA

JUDGEMENT

(1.) This complaint was initially instituted in the Punjab State Consumer Disputes Redressal Commission, Chandigarh and subsequently it was transferred to this Commission vide order of the Hon'ble National Commission.

(2.) Briefly stated the facts are that Sh. Sarwan Kumar son of the complainant, aged about 12 years and student of 5th class was injured when a wood fell on his hand while playing on 27.1.2002. In fact he received scratches on three fingers of his right hand.

(3.) It was next averred that Sarwan Kumar was taken to the clinic of respondent No.1 at about 6.00 p. m. on 27.1.2002 and he was handed over to him by respondent No.1 at about 9.00 p. m. , after he made payment of Rs.4,300. However, bleeding was oozing from the fingers of Sarwan Kumar and on inquiry, the doctor told that Sarwan Kumar had been operated upon and his two fingers from the top of first joint and third index finger had been cut above the 2nd joint. It had been done by respondent No.1 negligently as there was no occasion to cut and remove the fingers as stated above especially when there were minor scratches.