T R MADAAN Vs. MOHIT

JUDGEMENT

(1.) this appeal has been directed by opposite parties against order dated 15.3.2001 passed by Consumer Disputes Redressal Forum, Panipat (hereinafter to be referred as District Consumer Forum), vide which complaint of respondent Mohit minor (complainant) was accepted with costs of Rs.3,300 and appellants were directed to pay a sum of Rs.20,000 which Rakesh Kumar spent as operation fee and further Rs.10,000 spent on medicines besides Rs.20,000 for pain and sufferings of Master Mohit and negligent services rendered by appellants.

(2.) Briefly stated the facts are that Master Mohit aged about 4 years is son of Rakesh Kumar and he was suffering from disease of polio on both legs. The father of Mohit minor Sh. Rakesh Kumar contacted Dr. T. R. Madaan who had assured him that an operation was to be performed on the legs of Mohit minor and after two months of operation, he would start walking. On this assurance, Rakesh Kumar got his son admitted in the clinic of Dr. T. R. Madaan and both the appellants jointly operated him. He had spent Rs.55,000 on treatment. However, operation was not successful. After operation, Mohit minor started getting more problems. His right leg became short and further his both legs became week and general health deteriorated.

(3.) Alleging deficiency in service, complaint was filed and claimed compensation of Rs. two lacs along with interest @ 24% p. a.