CHANDRA Vs. MAHESH

JUDGEMENT

(1.) This appeal is directed against the order dated 10th day of December, 1996 in O. P. No.106/96 on the file of the District Consumer Disputes Redressal Forum, Madras-South. The appellant is the complainant while the Respondents are the opposite parties.

(2.) The complainant is one Mrs. Chandra. Her husband by name one Palanivelu, it is said, was working in a private firm viz. , M/s. Baliga Lighting Equipment Pvt. Ltd. as a fitter. He, it is said, was drawing a sum of Rs.2,500/- per month. It is also claimed that he was getting over-time salary of nearly Rs.1,000/- per month. He was alleged to have regularly contributed for his medical treatment to the ESI Hospital of the opposite parties every month. Therefore, it is claimed that her husband must be construed to have hired the services of the opposite parties for consideration under the system of deferred payment.

(3.) While so, he was having a swelling on the abdomen over and above the hip portion. He went to the ESI Hospital, Saidapet which referred him to the ESI Hospital, K. K. Nagar. He consulted the 1st opposite party. The 1st opposite party, without having any laboratory or pathology report, was alleged to be negligent in hurriedly assuming the lump as lymphoma and removing the swelling by way of an operation on 20.3.1993. He was treated as an out-patient and he was allowed to go for his employment after 10 days.