LAKSHMI JOY PRASAD Vs. D R CAMEROON

JUDGEMENT

(1.) This is a petition of complaint under Sec.17of the Consumer Protection Act, 1986 . The petitioner is one Smt. Lakshmi Joy Prasad mother of one Master Ashish Prasad and the wife of Sri Parameswar Prasad. The petitioner's case is that her son was admitted as a student of Class-1 through the Assembly of God Mission of 125/1, Park Street, Calcutta-17 at St. Andrews School, Ranchi for prosecution of studies for the session 1994-95. The boy was 7 years of age and lie was admitted as a boarder of the hostel of the said School. The opposite party No. I/mr. D. R. Cameroon is the Principal and proprietor as well as over all incharge of the School Cum-Hostel. On 4th May, 1995 the complainant got an information from the Office of the Assembly of God Mission that her son faced an accident at the hostel and received an injury in his right eye on 2.5.1995 and that an operation was made on his eye on 4.5.1995 by the opposite party No.2/dr. Brindaban Prasad Kashyap alias Dr. B. P. Kashyap at his own hospital i. e. Kashyap Eye Hospital at Purulia Road, Ranchi. On the following day i. e.5.5.1995 all on a sudden at about 8.00 a. m. the petitioner's son was handed over to her by opposite party No.1 who came to Calcutta with the child by leaving Ranchi on 4.5.1995 and reaching Calcutta by Hatia-Howrah Express train on 5.5.1995. It has been alleged that the opposite party No.1 hurriedly left Calcutta after handing over the child to the petitioner. It was noticed that the right eye of the petitioner's son was profusely bleeding and during the transit woozing out of blood from the affected eye increased on 5.5.1995. Condition of the child was further deteriorated and he was admitted in the Assembly of God Hospital and Research Centre at 125/1, Park Street, Calcutta where he was treated till 22.5.1995 and on the said day the boy was discharged without any further development of the injured eye, although the doctor and the staff there did their utmost to cure the eye of the child. In the Assembly of God Hospital and Research Centre an ultrasonography of the right eye of the boy was done on 12.5.1995 and the doctor gave a discharge certificate with the following report : "d/o Disness of vision RE ultrasonography 'a' and 'b' scan reveals : relow level echoes noted at the vitreous cavity, its after movements and returning small and medium spikes in 'a' mode suggest organising vitreous haemorrhage and membrane formation. There is no evidence of retinal detachment. The xerox copy of the Ultrasonography Report is annexed herewith and marked with the letter 'b'"

(2.) Thereafter the petitioner and her husband moved every nook and corner for proper treatment of the injured eye of their son but no remedy was available from any quarter. Due to their poverty they could not approach any modern eye clinic for treatment by a more sophisticated instrument. According to the petitioner it was a negligence on the part of both the opposite party Nos.1 and 2 to discharge the boy at that stage and to bring him back to Calcutta in a most uncomfortable and cruel condition and on account of their negligence the unfortunate boy is going to loose his vision. The petitioner has accordingly made a claim of Rs.4,00,000/- each from each of the opposite parties in her petition of complaint.

(3.) The opposite party No.3, namely, the Medical Officer of Assembly of God Hospital and Research Centre was also made a party, but his name was ultimately deleted by the petitioner.