M.THANIKACHALAM J. - (1.) The 1st opposite party, unable to resist the case of the complainant, before the District Forum, successfully, sustained an adverse order dt.18.10.07, under which a direction has been issued to pay a total sum of RS.80000/-, with cost of RS.5000/-, challenges the same before this commission, in this appeal.
(2.) The 1st respondent/ complainant, who had some pain on the left side of the stomach, had taken treatment with one Dr.Nagrajan, who treated her conservatively, in the year 1994, thereafter there was no problem. In the year 2001, once again when the complainant had the same kind of problem, he approached Dr. Nagarajan, who advised to take scan, for which she approached the 2nd opposite party scan centre, where the 1st opposite party/ appellant was working, who collected a sum of RS.350/-, and taken a scan which indicated, according to them, there was a cyst on the right side of the ovary. Then consulting Dr.Nagarajan, who advised surgery, the complainant approached the Government Hospital Nagapattinam, they informed, since the scan shows cyst on the right side, whereas complainant reported pain on the left side, it is not possible to perform surgery, thereby discharged.
(3.) Thereafter, the complainant was admitted in a private hospital at Thiruthuraipoondi, and at the advise of Dr. Sundar, a scan was taken at Thiruvarur, Venkateswara Scan Centre on 14.7.2001, which exposed a cyst on the left side, inconsistent with the scan taken by the opposite parties. Based upon the scan taken at Venkateswara, Surgery was performed, the cyst was removed, from the left side, for which the complainant incurred an expense of RS.30000/-. Because of the defective scan, taken by the opposite parties, which was not consistent with the scan taken by Venkateswara Hospital, the complainant was put to mental agony, harassement, monetary loss, for which the complainant is entitled to a sum of RS.30000/-, towards medical expenses, and another sum of RS.1 lakh, as compensation for mental agony, which was claimed through legal notice, and non-compliance, resulted the consumer complaint.;