A.K.ANNAMALAI, J. - (1.) The unsuccessful complainant is the appellant.
(2.) On 17.1.02 complainant met with an accident at Chittoor, Andrapradesh and sustained injury resulting fracture to right hand collar bone and he took treatment at the local hospital subsequently he approached the opposite party hospital on 13.9.02 and after having X-ray examination, the complainant underwent an implant surgery with bone grafting for his fracture at right Clavicle bone. In spite of that since the pain was not reduced he repeatedly approached the opposite party on several occasions and took treatment under them since the pain was not reduced during the month of June 2003, the opposite party reveled that the implant was failed and it has to be surgically removed by spending another some of Rs.25,000/- and since the failure was because of medical negligence of the opposite party. He got admitted at L.K.Hospital, Hyderabad and removed the implant there. Hence the complainant has come forward with the consumer complaint after giving legal notice to the opposite party and thereby originally claimed a sum of Rs.21,30,000/- as compensation before the State Commission, Hyderabad which returned the complaint for want of jurisdiction as cause of action arose at Chennai and after filing before the State Commission, Chennai, at the instance of State Commission the claim was restricted to Rs.13,30,000/- and thereby the District Forum taken cognizance of the complaint and after having an enquiry dismissed the complaint by stating the complaint is bad for non joinder of necessary party and the complainant has miserably failed to prove that there is medical negligence on the part of opposite party.
(3.) Aggrieved by the order of the District Forum the complainant came forward with this appeal and contended that the District Forum erroneously dismissed the complaint and since the implant operation done by the opposite party alone made cause for the subsequent treatments and thereby the complaint was filed against the opposite party alone made cause for the subsequent treatments and thereby the complaint was filed against the opposite party alone and the complaint to be allowed.;