NEERAJ SARDANA Vs. RASHMI KAKKAR

JUDGEMENT

(1.) -CHALLENGE in both these appeals is to the order dated 1. 8. 2007 passed by the District Forum, Dehradun in consumer complaint No. 66 of 2003.

(2.) COMPLAINANT Smt. Rashmi Kakkar had bleeding from her teeth/gums and visited the Dental Surgeon Dr. Neeraj Sardana for treatment on 19. 8. 2002. On treatment being given, the problem was cured, but the complainant was having some problem in her right wisdom tooth. X-ray revealed that there was vertically impacted wisdom tooth and the complainant pursuant to the advice, got the same extracted by the Dental Surgeon on 6. 11. 2002. Complainant continued to have pain after the extraction of the tooth despite taking the medicines prescribed by the dental surgeon. Complainant visited Dr. Mahabir Singh on 22. 11. 2002 and was prescribed some medicines to relieve her from post-extraction tooth problem and pain. The problem and the pain continued to persist, whereupon the Dental Surgeon thought it proper to advise the complainant to seek second opinion from senior Dental Surgeon of the town Dr. L. K. Berry. Complainant visited Dr. L. K. Berry on 24. 12. 2002 and remained under his treatment for some time and was also advised x-ray, which was got done. Finally on 9. 1. 2003, Dr. L. K. Berry advised the complainant to consult Dr. (Brig.) S. C. Anand, Principal and Professor of Dental College, Rohtak for further examination, investigation and treatment. Similar advice was also given by Dr. Neeraj Sardana, but the complainant went to Lucknow and got herself examined at KGMC, where it had been confirmed that her jaw had been broken, for correction of which and to get rid of the problem, required treatment was provided to the complainant there till the end of February, 2003. There is not much dispute about these facts.

(3.) COMPLAINANT had alleged that her jaw had been broken due to the negligent handling of her case at the time of extraction of the wisdom tooth on 6. 11. 2002 by the Dental Surgeon and that the Dental Surgeon even being aware of this fact, did not disclose it to her and even advised her to visit Dr. Mahabir Singh for treatment of her post-extraction problem and pain. When things did not work, only then the Dental Surgeon advised the complainant to seek second opinion from Dr. L. K. Berry. According to the complainant, the dental surgeon had failed in treating her properly and with required expertise in the first place and thereafter not telling her the truth and not treating her for the broken jaw in the second place and, thus, made deficiency in service, as a result of which, she suffered great pain, harassment and mental agony and had to undertake burden of extra expenses in the treatment at Lucknow also. She had claimed compensation of Rs. 1,99,000 from the Dental Surgeon and the Insurance Company, which had issued Doctors Composite Package Insurance Policy to the Dental Surgeon.