Decided on January 29,2004

S K Das Respondents


- (1.) COMPLAINANT is the appellant who has preferred the appeal against the order dated 17.6.2003 passed in Complaint Case No. 26/2002 by District Forum, Khagaria whereby and whereunder dismissed the complaint petition.
(2.) THE brief fact of the case is that complainant filed the case before the District Forum against O.P. Nos. 1 and 2 the two doctors alleging therein that O.P. Nos. 1 and 2 have given wrong pathological report and treated him wrongly which deteriorated in his ailment. On the basis of this allegation complainant claimed Rs. 1,21,000/ - as compensation against both the O.Ps.
(3.) THE allegation of the complainant was that on 2.2.2003 he was feeling headache and pain hence he went to the private clinic of Dr. S.K. Das at Khagaria (O.P. No. 1) for his treatment who started his treatment and supplied some medicine from his clinic and also advised him for some pathological test and sent him for those tests to O.P. No. 2 who had Bhola Patho Clinic at Khagaria. His blood was collected by O.P. No. 2 and report was given to him on 4.2.2002 for which he paid the fees to both the O.Ps. On 4.2.2002 after perusal of the pathological report O.P. No. 1 declared that complainant was suffering from hepatitis B. O.P. No. 1 kept the complainant in his clinic for treatment since 4.2.2002 to 7.2.2002 and during this period he was administered several types of medicine by O.P. No. 1 in his clinic but his condition deteriorated. On 7.2.2002 at 4 p.m. when his condition was serious his attendant took him out from the said clinic and brought to Patna after hiring a vehicle. In the way at Begusarai the condition of the complainant deteriorated then at Begusarai his attendant brought him to the clinic of Dr. Binay Kumar who immediately started treating him. There also his pathological tests were done and after perusal of the report Dr. D.P. Singh of Begusarai declared that he was not a patient of hepatitis B but was suffering from gas trouble. He gave him some medicine. On 8.2.2002 his condition became normal and he returned back to his home along with his attendant. The contention of the complainant is the due to wrong treatment and wrong pathological report he was wrongly treated and administered wrong medicine. Both O.P. Nos. 1 and 2 were negligent in their duty and it caused him serious physical, mental and economic torture and harassment and he was on verge of death. The complainant in support of the above contention relied on the prescription of Dr. Binay Kumar and report of Dr. D.P. Singh both of Begusarai and submitted that earlier pathological report and line of treatment adopted by O.P. Nos. 1 and 2 were wrong and it caused him immense loss, both physical and mental.;

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