D RAMESH Vs. MANCHIKANTI SATISH & ANR

JUDGEMENT

(1.) The complainant/respondent approached the petitioner, an Ophthalmologist at Sarojini Eye Hospital, on 29.11.2007 complaining of a problem in his right eye. It was opined by the petitioner that he had developed a Cataract in his right eye, which could be removed by a minor surgery and inserting an IOL (Intraocular Lens), in the said eye. After taking his consent, the procedure was performed, charging a sum of Rs.5,000/- from him. He was discharged from the hospital on the next day i.e. on 30.11.2007. According to the complainant, blood started coming out from his eye on 03.12.2007 and when he contacted the petitioner, he was told that it was a minor problem, which could be managed with medicines. Since he could not get any relief from the said medication, he was referred by the petitioner to one Dr. K. Ravi Kumar Reddy, who allegedly told him that his right eye had been damaged on account of the lens having not been properly inserted. A second surgery was performed but the complainant could not get vision in his right eye. He therefore, approached the concerned District Forum by way of a consumer complaint seeking compensation from the petitioner.

(2.) The complaint was resisted by the petitioner who inter-alia alleged that the complainant himself was negligent in taking care of his right eye since he had resumed his business activities on the very next date of the procedure. It was also alleged in the written version filed by the complainant that being from the same caste and on humanitarian grounds, he had paid a sum of Rs.95,000/- to the complainant who had executed a document dated 31.12.2007, receiving the said amount in full and final settlement of his claim.

(3.) The District Forum having allowed the complaint, the petitioner approached the concerned State Commission by way of an appeal. The said appeal having been dismissed, the petitioner is before this Commission.