LAWS(NCD)-1997-5-66

CONSUMER PROTECTION COUNCIL Vs. M SUNDARAM

Decided On May 29, 1997
CONSUMER PROTECTION COUNCIL Appellant
V/S
M Sundaram Respondents

JUDGEMENT

(1.) THE complainants in O.P. No. 206 of 1992 on the file of the State Commission, Tamil Nadu are the appellants in this appeal. This appeal is directed against the order dated February 15,1993 passed by the State Commission whereby the complaint petition filed by the appellants was dismissed on the ground that neither the first opposite party nor the second opposite party (two medical doctors against whom the complainants had made allegations of negligence and deficiency in service and had sought recovery of compensation) was guilty of any negligence or deficiency in service.

(2.) THE complaint was instituted by a well known Consumer Organisation of Tamil Nadu by name Consumer Protection Council, Tamil Nadu, Trichy for the benefit of one Mrs. Rajalakshmi. The said lady died on November 13,1992 during the pendency of the case before the State Commission, In brief the case put forward in the complaint was as follows:

(3.) THE complainants have also put forward the case that the second opposite party -Dr.S. Anuradha, Consulting Pathologist had acted with gross negligence in the matter of examining the bone marrow samples sent to her for pathological examination and had forwarded a report to Dr. Sundaram containing the wrong statement that the samples showed a deposit of Hodgkin's Lymphoma in many areas.