M. Shreesha ORDER
M. Shreesha, Member
1. Challenge in this Revision Petition under Section 21 (b) of the Consumer Protection Act, 1986 (in short "the Act") is to the order dated 17.02.2017 passed by the Bihar State Consumer Disputes Redressal Commission, Patna (in short "the State Commission"). By the impugned order, the State Commission has allowed the Appeal preferred by Dr. Chandeshwar Prasad (hereinafter referred to as "the treating Doctor") and set aside the order of the District Consumer Disputes Redressal Forum, Nalanda (in short "the District Forum), thereby dismissing the Complaint.
2. The facts in brief are that the Complainant met with an accident on 23.05.2003 and fractured his left leg. He was treated by the local Dr. Ashok Kumar Singh, who gave first aid to the Complainant and referred him to the Sadar Hospital for further treatment. It is averred that on account of non-availability of required facility at Sadar Hospital, the Complainant was taken to Srijan Nursing Home, where the treating Doctor examined the Complainant on 28.05.2003 and operation of the fractured bone was advised with fixation of plate and screw, for which an amount of 20,000/- was charged. It is averred that the Complainant's father had given some money to the treating Doctor for purchasing the materials for treatment but did not get any receipt for the same.
3. After the operation was conducted and the plate was implanted, the fractured leg was also plastered. The Complainant remained in the Nursing Home up to 06.08.2003 during which period, three different X-rays of fractured thigh was taken on 06.06.2003, 25.06.2003 and on 13.07.2003 respectively, as per the advice of the treating Doctor. It is averred that all the three X-rays show that the fractured left femur bone was not joined to each other due to improper fixation of the plate and screw on the broken thigh. Another operation was conducted on 23.07.2003 and the plate was replaced by a steel rod with an assurance that this time the fractured bone would be joined properly within a month. An additional amount of 20,000/- was charged towards the second operation.
4. It is pleaded that the Complainant felt no relief and once again consulted the treating doctor on 07.09.2003 and after examining him he was admitted in the Nursing Home. The X-ray dated 10.09.2003 was taken and re-plaster was done on 12.09.2013, for which an amount of 8,000/- was charged and the Complainant was discharged on 25.09.2003. It is stated that the Complainant was seen by the treating Doctor from 28.05.2003 till 16.10.2003 and despite several operations and plasters there was non union of the fractured bone, which is evident from the X-ray plates. Thereafter the Complainant's condition became very serious and he could not move due to severe pain and swelling and the treating Doctor referred the Complainant to Patna Medical College and Hospital (PMCH) on 16.10.2003. On 18.10.2003 an X-ray of the left thigh was taken, wherein it was clear that there was non union of the fractured bone. It is averred that the Complainant spent an amount of 75,000/- during his treatment at the Nursing Home and submits that it is only on account of the negligence of the treating Doctor that he has suffered physical and mental agony on account of which he seeks an amount of 4,25,000/- towards compensation.
5. The treating Doctor filed his Written Statement stating that there was no negligence on his behalf in conducting the operation or in plastering the left thigh of the Complainant and in fact he had advised the Complainant to take complete rest. He denied that the Complainant had spent an amount of 25,000/- during the period of his treatment; that the patient was discharged on 06.06.2003 after the first operation and the X-ray showed that he was in a good condition. It is admitted that the Complainant had come to his clinic on 25.06.2003 and complained about pain in his leg and the Complainant was advised full rest. The X-ray of 25.06.2003 did not show any fault. Once again the Complainant visited him on 26.09.2003 when his X-ray was again done and he was advised to meet........