V ASHOK Vs. L NARASINGA RAO

JUDGEMENT

(1.) Aggrieved by the order in C. D. No.2/2003 on the file of District Forum, Vizianagaram, opposite party preferred this appeal.

(2.) The brief facts as set out in the complaint are that the complainant is a practising Advocate having regular income of Rs.8,000. He consulted opposite party on 22.11.2001 for slight temperature and cough. The complainant submitted that the Mantoux report taken indicated negative but the opposite party treated him until 21.1.2002 by prescribing tablets (i) AKT, (ii) Seletus, (iii) Callpolsyxy, (iv) Akululit, (v) Deeocent, (vi) Delitnyllor and (vii) Capsules-zest for treatment of tuberculosis. The complainant submitted that he informed the opposite party that he had no relief and further submitted that he paid Rs.250 towards fees to the opposte party.

(3.) The complainant submitted that thereafter he consulted one Dr. Prem Kumar, M. D. Chest Specialist of Andhra Medical College, Visakhapatnam on 21.1.2002 and the said doctor after examination, opined that there was Renal Cell Carcinou of left kidney and referred him to Dr. Chodisetty Subba Rao, Urologist on 22.1.2002 and the Urologist suggested surgery of left kidney and observed that the disease was long neglected and treatment proceeded on wrong lines. The complainant also submitted that he consulted Dr. Ravi Mohan, MD Medicine and D. M. (ONCO) of Visakhapatnam and on his advice, CT scan of the chest and abdomen was done and on examination of the said reports, the said doctor referred him to Indo-American Cancer Institute and Research Centre at Hyderabad. The complainant submitted that he accordingly consulted Dr. Chandra Sekhar of that centre on 29.1.2002 who advised to undergo operation on 31.1.2002 and the operation was performed on 31.1.2002 and left kidney was removed and thereafter the complainant underwent radio therapy till 30th March, 2002. The complainant submitted that had the opposite party diagnosed properly as cancer the same could have been controlled in initial stage and submitted he incurred huge expenditure for his treatment besides his stay with his family members at Hyderabad. Hence the complaint seeking direction to the opposite party to pay Rs.3,21,650 being the amount incurred for treatment.