Mr. Justice S.A. Shah, President—The complainant has filed this complaint alleging that the Opponent No. 1 Gujarat Medical and Research Institute, Shahibaug, Ahmedabad follows unfair trade practice and has caused great damage to the complainant. The next allegation is that after taking consideration the opponents are not rendering proper services and on account of deficiency in service, he has suffered great damages. The complainant was suffering from enlargement of prostate gland and on account of said enlargement it was obstructing the passing of urine. He read the advertisement in the newspapers published by the opponents informing the public that it was now not necessary to resort to old method of operation on account of latest equipments of Thermal Control Unit (T.C.U.) which removes the obstruction of enlargement of prostate gland by Micro Computer System electronic system which gives continuous warmness (heat). In such type of cases by introducing a transducer through catheter heat can be transmitted to the prostate gland which in turn melts down and remove the obstruction.

2. Having read this advertisement he approached the hospital and he was examined by the Opponent No. 2 who had stated that the complainant would be relieved from the disease and the charges for the same was fixed at Rs. 4,000/-. The complainant paid the advance charges of Rs. 500/- and thereafter he paid Rs. 3,500/- as stated in the complaint. He took the first sitting on 11.7.90 which continued for three hours. The micro electric waves were introduced in his urine tube and he was required to take certain medicines. Thereafter the complainant was called for second sitting on 10.9.1990 and same treatment was given and after 15 days he was again called on 26.9.1990 and same type of treatment was given. The complainant has alleged that at every sitting he was suffering pain but he was assured that after taking medicine his pain will be relieved and the obstruction will be melted and there should not be any difficulty. After every sitting sonography was made and for that separate charges were given. At every sonography test, according to the opinion of the pathologist, no improvement was found in the ailment and the complainant had to pay charges. After the third sitting on 26.9.1990 the complainant’s ailment was not relieved, he was suffering from pain and his urine was stopped .He has lost all faith. On account of this treatment, instead of getting any benefit, he was subjected to great pain and suffering. He had, therefore, resorted to the common treatment of operation by Dr. Mahesh Desai, Nurosurgeon, Nava Vadaj, Ahmedabad and by the said operation he was greatly benefited. The complainant has, therefore, prayed for Rs. 4,000/-, return of charges, Rs. 1,298/-, the cost of medicines, Rs. 3,168/- the other expenses incurred by him. He had approached the voluntary consumer association but they have not taken up his cases. The complainant has claimed the total amount of Rs.1,01,546.00 by way of damages which includes Rs. 9,000/- for mental torture, confusion and damages caused due to disappointment. There is no allegation in the complaint that either the Doctor or the Institute was negligent in treating the complainant.

3. Now, if we look to the advertisement given by Rajasthan Hospital with regard to the Thermal Control Unit (T.C.U.), it reads as under :

1. That this unit is the first in India, (2) that one and only modern treatment for enlargement of prostate gland without operation (3) removal of obstruction of enlargement of prostate gland through Micro Computer Control Electric System by applying continuous heat though urinary tract, (4) this hypothermia is free from pain, symbol and can be done in out door division. It is not necessary to admit the patient in the hospital as indoor patient.

This advertisement nowhere invites any person to take the treatment; but merely described the Thermal Control Unit System, one of the system for removing the