PRAKASH SINGH Vs. TRIBENI PRASAD TIWARI

JUDGEMENT

(1.) The present Revision Petition is filed by the Petitioner under Section21(b) of the Consumer Protection Act, 1986 against Order passed by the State Consumer Disputes Redressal Commission, Jharkhand (hereinafter referred to as the "State Commission") in Appeal No. 191 and 240 of 2009 dated 27.08.2012.

(2.) Brief facts of the case are that the Respondent No. 1 suffered compound fractures in a road accident on 23.04.2005 and was admitted in Bokaro General Hospital for more than 15 days. He was discharged on 09.05.2005 and then he went to Pragati Nursing Home for the treatment under Dr. Prakash Singh, the Petitioner. He was operated upon on 14.05.2005 by fixing fractured parts of condyle and femur by screwing and plating. This treatment was found insufficient and wrong by the X-ray taken on 10.07.2005. The Petitioner performed another operation on 12.07.2005 and fixed the plate. He was discharged on 21.07.2005. Thereafter, during the several consultations with Dr. Singh, it was detected that the plate implanted had been "bent" and "screws free" causing 50% disability. Thereupon, Complaint was lodged on 02.06.08 for compensation for causing permanent disability to him before the District Forum. The District Forum held that the treatment at Bokaro Hospital and Pragati Nursing Home was not proper and effective resulting in the third operation.

(3.) Aggrieved by the order of the District Forum, Appeal was filed before the State Commission. The State Commission dismissed both the Appeals filed, i.e., FA No. 191/2009 and FA No. 240/2009 confirming the impugned order. The Appellants were directed to pay the awarded amount within 60 days.