Mr. Justice S.A. Kader, President — This is a complaint under Section 17 read with Section 12 of the Consumer Protection Act.

2. The complainants are the children of late M. Palaniammal who was working as a teacher in the Panchayat Union School at Mettumullikulam village in Srivilliputhur Taluk. The said Palaniammal had a Thyroid swelling on her neck. She consulted Dr. K. Kannan of Madurai who after taking Thyroid Scan, Thyriod aspirated Fluid Test and Harmone Assayed Test recommended surgery. The patient met the opposite party who is a Surgeon at Rajapalayam on 21.7.91 and showed all the reports and the opinion of Dr. Kannan. The opposite party suggested immediate surgery that day itself and a sum of Rs. 2,000/- was paid as deposit. Blood test and Urine test were taken in the laboratory attached to the opposite party’s clinic. Injections were also given. At about 3.45 p.m. on 21.7.91 the patient Palaniammal was taken to the Operation theatre. No letter of consent was obtained from the complainants. In the theatre along with the opposite party his wife, the anesthetist Dr. Sundar Rajan and Nurse Geetha were present. One Kumudha who is employed as a nurse with a private doctor a