- (1.) - The complainant in C.O.P. No. 59/2003 on the file of the District Consumer Disputes Redressal Forum, Tirunelveli, is the appellant herein. His case was as follows: (a) His minor son fell down from a tree on 27.5.2001. He took him to the opposite party who was running a Siddha Vaidhyasalai. The opposite party put a bandage on the complainant s son s right hand and gave three injections and tablets. However, since his son complained of severe pain and swelling, the complainant again took him to the opposite party on 28.5.2001. The opposite party again gave two injections and also tablets for one week for which he received Rs. 300 as fees. However, the complainant s son was not get rid of the pain. He was taken to Rajapalayam on 30.5.2001 to Dr. Ganesh Raja and the doctor took an x -ray of the broken hand and informed that damage had been caused to the hand due to the wrong treatment and further informed that the complainant s son s hand had to be amputated and advised the complainant to take him to Madurai to Dr. Devadoss. The complainant s son was taken to Madurai and Dr. Devadoss amputated the right hand on 30.5.2001. This plight of the complainant s son was due to the defective treatment given by the opposite party. The complaint came to be filed for a direction to the opposite party to pay a sum of Rs. 5 lakh with 12% interest from the date of the complaint.
(2.) THE opposite party denied the case of the complainant in his version contending that he was not running any Vaidhyasalai that he was an agriculturist and that the complaint was liable to be dismissed.
(3.) BEFORE the District Forum on the side of the complainant Exs. A1 to A13 were marked while on the side of the opposite party Exs. B1 to B3 were marked. The District Forum on the basis of Ex. B3 which is the order in the criminal case filed against the opposite party in CC No. 254/2001 before the District Munsif and Judicial Magistrate, Sivagiri, acquitting the opposite party and also on the ground that there was no evidence either for the treatment given to the complainant s son by the opposite party and that the complainant s son s right hand was amputated due to the defective treatment given by the opposite party, dismissed the complaint by order dated 30.10.2003. It is as against that the present appeal has been filed.;