ANUP KUMAR GHOSE Vs. T K BISWAS

JUDGEMENT

(1.) This is a complaint under Sec.17 of the Consumer Protection Act, 1986 . The complainant's case is that on 14.12.94 his motorcycle suddenly skidded on the road as a result of which he was thrown out and suffered severe injuries on his left knee and leg. After a preliminary examination by his family physician he was referred to the opposite party No.1 Dr. T. K. Biswas. Dr. Biswas examined him and advised him for admission to Branagore Nursing Home for further treatment. On 15.12.94 the complainant had an X-ray examination at Uttam Clinic, B. T. Road. The X-ray plate was shown to the opposite party and the complainant was admitted to Branagore Nursing Home on the same day at about 12.30 p. m.

(2.) On 16.12.94 Dr. Biswas visited the complainant at the Nursing Home and on the following day he was operated on his injured leg. After operation his injured knee and leg were wrapped in a plaster of Paris cast.

(3.) It has been alleged that in spite of the operation the complainant continued to be in extreme pain, but nevertheless he was discharged on 18.12.94 with the advice to keep the plaster of Paris cast for a period of eight weeks and to take medicines. The discharge report described his ailment as fracture Tibial Condyle (L. T. ).