JUDGMENT

S.B. Sinha, J.

1. Leave granted.

2. The second respondent took his seven years' old ailing daughter to the appellant who is said to be a child specialist for treatment. He was running a hospital known as `Disney's Medi-Kid Children's Hospital'. He advertised himself as a specialist in child diseases. The child was a student of third standard. On 22.6.2000, she vomited while in school. She was brought home immediately and thereafter taken to the appellant's hospital at about 3.p.m.

3. She was admitted in the hospital for undergoing some tests. Respondent No.2 was asked to deposit a sum of Rs.4,000/- therefor. The said amount was deposited. A blood test was conducted which disclosed abnormal increase in white blood cells.

4. A second blood test was also carried on which also showed abnormality in white blood cells. The child was discharged on 25.6.2000. She was advised to take the medicine prescribed. Appellant diagnosed the disease which she was suffering from as Tuberculosis. Vomiting by the girl, however, did not stop. It became more frequent. On 25.6.2000 she developed high fever. Appellant was consulted again. He assured the respondents that there was nothing to worry abou