Mr. N.K. Vaidya, Member—This is an appeal against the order dated 3.1.1996 passed by the District Consumer Disputes Redressal Forum, Bhopal in their Case No. 161/92, wherein the Forum has dismissed the complaint of the appellant for compensation from opposite party for negligence in the treatment of the complainant.

2. The grounds for appeal are as under:

(i) That the District Forum committed error in not holding that a duty was cast upon the opposite party to have X-rayed the right upper arm including the humerus.

(ii) The inference drawn by the Forum regarding not filing the affidavits of Dr. Nirbhay Srivastava & Dr. Patidar is not justified.

(iii) That the opposite party was required to prove that he acted in the desired manner.

(iv) That adverse inference should have been drawn against the opposite party for not producing case history sheets, etc.

(v) That Forum wrongly held that the opposite party was not expected to diagnose something which was not complained.

(vi) That the conclusion arrived at by the District Consumer Disputes Redressal Forum is against the facts and rule of law.

3. Heard the arguments of both the parties and perused the record of the case.

4. The a