SAVITRI DEVI Vs. PRADEEP KUMAR SINGHANIA

JUDGEMENT

(1.) The facts, in brief, are that on 31.07.2001 the complainant, Savitri Devi, a 70 year old lady consulted Dr. Pradeep Kumar Singhania, the OP, for the trouble in her right eye, she was diagnosed as advanced cataract in right eye. OP advised cataract operation and (IOL) implantation of lens, and gave full assurance that her trouble of eye would completely cure after surgery. She got operated her right eye on 12.8.2001 but she did not regain her vision and her problem aggravated. She again consulted the OP on 3.9.2001, on examination of right eye; the OP found retinal detachment (RD). As the treatment of retina was not available in Bhagalpur, the O.P. advised her to consult Dr. Subhash Pd. at Patna, who confirmed the detachment of retina. due to negligence and mistake of the O.P. Alleging negligence committed by OP, the complainant filed a complaint against OP in the District Forum, Bhagalpur and prayed for compensation of Rs.1,60,000/- including cost of legal expenses and compensation.

(2.) The District Forum, Bhagalpur dismissed the complaint on 13.09.2007.

(3.) Aggrieved by the order of District Forum, Bhagalpur, the OP preferred first appeal No. 552 of 2007 before State Commission, Bihar, which was dismissed by an impugned order dated 2.12.2009. Hence, against it, OP approached this commission through this revision petition.