M.THANIKACHALAM, J. - (1.) This appeal, is targeted against the order of the District Forum, in OP.No.218/2005, on the file of District Forum, Chennai (North), wherein a direction has been issued, against the opposite parties, to pay a sum of Rs.25000/-, as compensation, based upon negligent act.
(2.) The complainant/ respondent, in this appeal, had taken his child for treatment to Dr.D. Ganesan on 16.6.2005, who prescribed a medicine, which was purchased by the complainant from the opposite party, on the same day, for consideration. After administration of the medicine, as directed by the doctor, the child became dull and unconscious, rushing the baby to the doctor once again, with the medicine purchased. On seeing the medicine, the doctor informed, that the opposite party had supplied instead of Pyrigesic syrup, Pyrigesic drops, which is more concentrated, and the administration of the said drops alone, caused problem to the child. The act of the opposite party, in supplying wrong medicine should be construed as negligent act, which caused mental agony, and other problems, for which the complainant is entitled to a compensation of Rs.35000/-, alongwith cost of Rs.5000/-, for which a consumer complaint came to be filed.
(3.) The opposite party, admitting the purchase of the medicine by the complainant, resisted the claim, contending that as per the prescription, he sold the medicine, for which they cannot be found fault, and if at all the doctor is to be held responsible thereby praying for the dismissal of the complaint.;