MOHINDER SINGH Vs. J S DANG

JUDGEMENT

(1.) THIS appeal has been directed by the complainant against order dated 4. 7. 2000 passed by Consumer Disputes Redressal Forum, Jalandhar (hereinafter to be referred as District Consumer Forum), vide which his complaint was dismissed leaving the parties to bear their own costs.

(2.) BRIEFLY stated the facts are that Mohidner Singh-appellant (complainant) is resident of 106-F, New Baradari, Jalandhar. On 11. 5. 1997 he met with a road accident and got fracture on his right leg (fracture shaft of right femur ). He was admitted in the nursing home of respondent No. 1 (Dr. J. S. Dang ) in an unconscious state. Several x-ray films were taken. He was operated upon by respondent No. 1 on 15. 5. 1997 and a closed nail rod was fixed and was discharged from the hospital on 24. 5. 1997 with the assurance that there would be proper healing, since the fracture was minor and same had been set forth during the operation. However, he felt severe pain, swelling in his right leg and was again operated upon by respondent No. 1 on 28. 5. 1997 as wound of the leg was highly infected and by incision operation, the wound was cleaned and a pipe was fixed for removal of pus. He was again admitted there from 5. 6. 1997 to 13. 6. 1997 but he was not satisfied with the treatment given by respondent No. 1, so, he consulted respondent No. 2 (Dr. Mukesh Joshi) and remained admitted in his hospital from 26. 6. 1997 to 17. 7. 1997 where infected nail was removed and he assured that there would be onward proper healing. He had also extracted pus. The fixator, LLD was applied by respondent No. 2 and bone grafting was done. He further remained admitted in his hospital from 23. 8. 1997 to 5. 9. 1997, 4. 1. 1998 to 6. 1. 1998 and 16. 5. 1998 to 25. 5. 1998 but he was not fully cured.

(3.) IT was next averred that thereafter he approached Civil Hospital, Jalandhar and on 29. 3. 1999 he came to know that both the respondent Nos. 1 and 2 had left loose pieces of bone in the leg due to which his wound was severely infected and he contacted a disease "pus for AFB positive" due to infection which was due to negligent acts performed by respondent Nos. 1 and 2. He was admitted in the Civil Hospital, Jalandhar on 17. 4. 99 with chronic osteomyelitis and dead bone pieces left by respondent Nos. 1 and 2 were removed and it was also told that he would never become normal again. He was a Government servant and his carrier was threatened.