JOGINDER BABBAR Vs. G L KAUL KILAM

JUDGEMENT

(1.) -VIDE impugned order dated 7. 11. 2001, the appellant doctor, who is a dental surgeon has been directed to pay Rs. 12,000 as damages for pain and sufferings besides another Rs. 3,000 as cost of litigation for faulty fixing of the bridge and metal crowing of the teeth at the clinic of the appellant.

(2.) FEELING aggrieved the appellant has preferred this appeal.

(3.) THE allegations of the respondent leading to the impugned order in brief were that he had a dental problem and approached the appellant Dr. Babbar Dental Clinic where he was charged a sum of Rs. 11,200 vide receipt No. 3/111641 dated 10. 7. 1999 and a bridge was fixed on his upper jaw and white metal on the moler teeth, The teeth was also grinded and a metal crown was also fixed. The appellant Dr. Joginder Babbar had assured him that the teeth will last for more than 20 years. Subsequently the respondent had the problem and had contacted various hospitals including Lok Nayak Jaya Prakash Narain Hospital, New Delhi on 5. 7. 1999 and 14. 8. 1999, Lal Bahadur Shastri Hospital on 29. 10. 1999 and finally in the month of December 1999, he contacted Delhi Dental and Medical Centre on 28. 12. 1999 where he was advised to undergo the fixation of the bridge again along with the white metal and acrylic facing for which an estimate of Rs. 11,000 was given. The record of LNJP Hospital as well as that of Lal Bahadur Shashtri Hospital shows the problem in his teeth. He was advised on 23. 8. 1999 to rectify the crown by the doctors of Lal Bahadur Shastri Hospital. His dental condition was found to be deteriorating on 21. 1. 2000. Claiming deficiency in service on the part of Dr. Babbar Dental Clinic, the respondent had claimed the refund of Rs. 11,200 charged by the appellant from him besides a compensation of Rs. 50,000 and another Rs. 2,500 as cost of litigation.