DR. HARSH SHARMA VISHAL NAGAR, NEAR DIMPAL CINEMA, JAGADHRI YAMUNA NAGAR HARYANA Vs. SHAKUNTLA & ANR. LATE SH BANARSI DASS, R/O KALI MANDI, JAGADHRI YAMUNA NAGAR HARYANA

JUDGEMENT

(1.) There is a delay of 23 days in filing the revision petition. For the reasons stated in the application for condonation of delay, the delay of 23 days is condoned.

(2.) The instant revision petition is filed against the order dated 27.2011 passed by Haryana State Consumer Disputes Redressal Commission, Panchkula (hereinafter referred as 'the State Commission') in first appeal No. 347 of 2007, by which the State Commission dismissed the appeal of the opposite party-Dr. Harsh Sharma, Vishal Hospital.

(3.) The brief facts relevant to dispose of this revision petition are that the complainant, Smt. Shakuntla, (herein after referred as 'patient'), who was suffering from abdominal pain, consulted Dr. Harsh Sharma, OP, at Vishal Hospital on 7.11.200 In order to confirm diagnosis, the doctor/OP has suggested ultrasound and some laboratory tests. On the basis of reports, OP told that due to swelling in her gall bladder, she needs operation. The patient got admitted in the hospital for 8 days and spent Rs. 12,000.00 towards hospitalization and medicines. When the patient became stable, there was no pain, therefore, OP decided for operation and demanded additional Rs. 10,000.00 but on 12.2004, complainant visited Civil Hospital, Jagadhri wherein the doctors on examination stated that there is no stone in the gall bladder. For another opinion, the complainant visited Deen Dayal Upadhyay Hospital, New Delhi on 26.2.2004 wherein no stone was found in the gall bladder of the complainant. After that, the complainant got examined herself from Mehta X-ray and Ultrasound Centre. There also, no stone was found in the gall bladder. Therefore, it was alleged by the complainant that in order to make money, the OP falsely represented the complainant that there is stone in the gall bladder. Thus, alleging deficiency in service and unfair trade practise on behalf of OP/doctor, the complainant filed a consumer complaint before the District Forum, Yamuna Nagar, Haryana.