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RAM LAL GUPTA, A.L.BAHRI
R. N. SETHI – Appellant
Versus
HARDIAL SINGH – Respondent


Counsel for the Parties :
For the Appellants :Mr. Sunil Chadha & Mr. Parveen Garg, Advocates.
For the Respondent:Mr. D.B. Sharma, Advocate.

ORDER

Mr. Justice A.L. Bahri, President—Doctor treats but God cures. It is only when in the matter of treatment that the doctor is found to be negligent that he is to be liable to compensate the patient and in case of his death, his legal heirs. The allegation of negligence against doctor can easily be made however, the complainant can only succeed if such allegations are proved by cogent evidence. The tendency on the part of scrupulous complainants to rope in doctors into litigation in order to extract money, cannot be ruled out when under the Consumer Protection Act, no Court fee or expenses are to be incurred by the complainant. The FORA established under the Act has to act with great caution and care in the matter of adjudication of such consumer disputes.

2. The present appeal has been filed by two of the doctors R.N. sethi and his wife Mrs. Veena Sethi against whom District Forum, Ludhiana passed order on August 14,1996 directing them to pay a sum of Rs. 2 lacs to the complainant, Hardial Singh whose wife was alleged to have died on account of negligent act of the appellants in performing operation.

3. Hardial Singh lodged a complaint before District Forum, Ludhiana on January 1









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