PURNIMA ROY Vs. DR. ALFRED LEPCHA & ANR.

JUDGEMENT

(1.) This revision petition is directed against the order of the State Commission, West Bengal dated 29-07-2016 allowing the appeal preferred against the order of the District Forum and dismissing the complaint.

(2.) Briefly put facts relevant for the disposal of the revision petition are that the petitioner complainant filed a consumer complaint against the opposite party-Dr. Alfred Lepcha alleging that she approached the doctor with a complaint of breast abscess (right). The opposite party-doctor on examination and investigation advised immediate surgery. The complainant was, thus, admitted in Anandlok Hospital (opposite party No.2) where opposite party No.1 (respondent) conducted surgery on 07-12-2011. The complainant was discharged on 12-12-2011. After the discharge the complainant suffered with severe pain from the wound due to incision. She was, therefore, taken to Shri Narayani Hospital at Vellore on 21-03-2012. There she underwent subsequent surgery and recovered from illness. Case of the complainant is that the opposite party No.1 left a gauze in the wound, which amounts to deficiency in service.

(3.) The complaint was resisted by the opposite parties. The District Forum on consideration of pleadings and the evidence allowed the complaint and directed the opposite parties to pay to the complainant a sum of Rs.1,62,460/- besides compensation of Rs.10,000/- and litigation cost of Rs.5,000/-.