IMPORTANT POINT
Compensation under Consumer Protection Act.

JUDGMENT

SUDHANSU JYOTI MUKHOPADHAYA, J.

This appeal has been preferred by the complainant-appellant against the order and judgment dated 29th January, 2009 passed by the National Consumer Disputes Redressal Commission, New Delhi (hereinafter referred to as the ‘National Commission’) in Original Petition No. 234 of 1997 whereby the National Commission quantified the compensation payable by the respondents as Rs. 5,00,000/- and directed respondent No.1 to pay a consolidated sum of Rs.2,50,000/- to the appellant and to deposit the remaining amount of Rs.2,50,000/- in the account of the Consumer Legal Aid of the National Commission.

2. The appellant is aggrieved by the said order and judgment with respect to the total amount of compensation granted. She has also challenged that part of the order whereby Rs.2,50,000/- out of the total compensation amount has been ordered to be deposited in the account of Consumer Legal Aid of the National Commission.

3. The facts that lead the complainant to move before the National Commission are as follows:

Prashant, son of the appellant born in May 1989 suffered from febrile convulsions during fever at the age of six months. He was taken to nearby Doctor who after examining him informed that the children can get such kind of fits during fever. He was treated by giving paracetamol tablet. Even after that Prashant had high fever he suffered convulsions for which he was treated by one Dr. Ashok Panagariya, Consultant Neurologist and Associate Professor of Neurology SMS Medical College Hospital, Jaipur and at All India Medical Sciences, New Delhi.

4. According to the appellant, she came across an advertisement published in a newspaper ‘Jan Satta’ dated 8.8.1993 offering treatment of the patients having fits with Ayurvedi medicine by Dr. R.K. Gupta-respondent No.1. The advertisement impressed the appellant as the respondent No.1 claimed total cure of fits. The appellant wrote a detailed letter to respondent No.1 about her son’s fits during high fever. In response, respondent No.1 sent a letter dated 23rd November, 1993 assuring that he had specialised treatment for the problem of Prashant by Ayurvedic medicines. He advised the appellant to bring her son Prashant in his Clinic. Accordingly, on 21st February, 1994 the appellant and her husband along with Prashant visited respondent No.2-Neeraj Clinic Pvt. Ltd., run by respondent No.1 at Rishikesh. Prashant was registered vide Registration No.7955 dated 21.2.1994. The appellant was made to pay Rs.2,150/- towards consultancy charges and the cost of medicines for one year vide Cash Memo No.61 dated 21.2.1994 by respondent No.1. She was told by respondent No.1 that medicines given were the combination of hundreds of herbs. Respondent No.1 also handed over a printed circular to the appellant who started thereafter giving medicines to Prashant regularly in the hope that he will be cured. It was alleged that despite medicines being given regularly the condition of Prashant started deteriorating day by day and the fits which were occasional and occurred only during the high fever, started occurring even without fever.

5. On being informed of the condition of Prashant respondent No.1 intimated that the medicine being Ayurvedic had slow effect. He instructed the appellant to regularly administer the medicines. Respondent No.1 sent medicine through VPP. On seeing condition of Prashant getting deteriorated again, the appellant sent a fax dated 18th June, 1995 to respondent No.1 and in response thereto, respondent No.1 sent fax advising to continue the medicines as before. Thereafter another communication was sent to respondent No.1, in response whereof respondent No.1 sent a letter on 30.9.1995 reassuring that the line of treatment was correct and he advised the appellant to bring Prashant for check up and also the left over medicines. The appellant along with Prashant again visited the Clinic at Rishikesh to consult respondent No.1 in October, 1995. After examining P