A.K.ANNAMALAI, J. - (1.) The complaint filed under Section 12/17 of the Consumer Protection Act- 1986 Complainant filed complaint against the opposite party claiming direction for payment of Rs.70,00,000/- in all towards for the defective treatment given by the opposite party and for the expenses spent for medicine loss and including Rs.10,00,000/- for compensation and for costs.
(2.) Complainant met the opposite party for the treatment of over bleeding during the menses time, on 1.11.2000 at Apollo Hospital, Greams Road since she is woring at the hospital. Later at the opposite party?s private clinic and the treatment was periodically done on 8.12.2000, 1.9.2001 and on 28.11.2001 when the complainant had shivering in her hands approached the opposite party in her clinic opposite party given tablets viz., HP kit for 14 days also informed that the complainant having fat over the liver. The complainant took the HP kit tablet after the prescription was given on 28.11.2001 for the first day she got severe stomach pain and when contacted the opposite party without examining the complainant advised to continue the same tablets for 14 days. Accordingly she took 14 tablets with full pain every day made her to become very weak and blood was strained over the upper portion of the liver. The opposite party wrongly given the tablets HP kit without knowing the conditions of the complainant?s liver directly given this tablets. Due to the severe pain over the stomach portion when the complainant approached other doctors specialist in the subject towards that they informed because of wrong dosage and over dosage of HP kit tablets the liver portion was blood strained and should be removed only by operation. Hence by giving wrong tablets there is deficiency of service on the part of the opposite party for which complainant suffered loss of income, mental agony, not able to do her regular work. For her health to meet the other doctors she has spent nearly Rs.30,00,000/- for the treatment and Rs.15,00,000/- for medicines and loss of earning for Rs.15,00,000/-. Hence after giving a legal notice on 4.3.2005 calling upon to pay Rs.80,00,000/- from the opposite party reply was received on 8.3.05. Hence the complainant filed the consumer complaint claiming the above reliefs.
(3.) Opposite party denied the allegations of the complainant in her written version except to admit the treatment given to the complainant for her menstrual problem and stated that the complaint is barred by limitation. Complainant failed to prove that because of HP kit medicine alone she suffered liver strain as there is no medical term as liver strain and claim has no nexus to the realities and the opposite party is not liable to pay any compensation and the complainant was in the habit of attempt to extract money by bringing unruly rowdy elements to her clinic and disturbing her practice and reputation in the eyes of innocent patients waiting to see the opposite party. Hence complaint to be dismissed.;