Mrs. Saroj Rajwade, Member—This appeal is directed against order dated 8.11.1995 passed by District Consumer Disputes Redressal Forum, Dewas (for short 'District Forum') in Complaint No. 78/94. District Forum vide their impugned order allowed the complaint partially and ordered the appellant to pay Rs. 50,000/- as damages to the respondent in addition to Rs. 150/- as proceeding cost and Rs. 100/- as Advocate's fee, within two months from 8.11.1995, the date of order .

2. The facts of the case in brief are that respondent Sunil is a three-years-old son of Ambaram, who has filed the complaint in the District Forum. Sunil being a minor his father Ambaram is a natural guardian. Respondent father hereafter referred to as complainant throughout the order, stated in his complaint that appellant Doctor is practising in village Amona, Tehsil and District Dewas and runs a clinic by the name of "Nitu Clinic". Complainant further stated that on 18.6.1994, his son Sunil got severly burnt in his thigh, and hence he took him to appellant for treatment. Appellant examined him and gave prescription of medicines and complainant made the payment on 19.6.1984. Complainant did not see any relief to his son and, therefore, took him to the appellant, who gave him two injections, one in the morning and the other in the evening. Even thereafter there was no relief although the treatment continued for one month and appellant continued to give injections for the whole month. Complainant has alleged that due to this treatment, his son became an invalid (xxx) and was not able to walk. Complainant took his son to M.Y. Hospital, Indore and the Doctors after examining him informed the complainant that the child Sunil has become an invalid and no treatment was possible. Complainant further alleged that his son Sunil got "Polio Myelitis" because of the treatment given by appellant particularly the injections. It was emphasized in the complaint that injections given over a month were the main cause of permanent damage. It was further alleged that normally two or three injections were given in the case of infection, but injections given for a month caused the damage. Complainant further stated that he spent about Rs. 10,000/- On his son's treatment. Now that his son cannot work and earn anything in his life the damages to his son amounts to Rs. 1,00,000/-. Complainant further stated that a legal notice dated 20.7.1994 was given to the appellant whose reply was received on 18.8.1994. However, appellant refused to accept any of the demands made by complainant. Complainant, therefore, prayed for direction to the appellant to pay Rs. 1,10,000/- to the complainant as per details in para 9 of the complaint together with 12% interest per annum till the date of payment.

3. Appellant, who was opposite party in District Forum filed his reply to the complaint on 29.3.1995. In his reply appellant admitted that there were severe burn wound in the thigh of Sunil, when he was brought to the clinic. Appellant stated that after examining the burn wound, he advised the complainant to take his son to the City Hospital in view of the severe burn case. Appellant further stated that complainant, thereafter, repeatedly urged him to treat him. Even then he merely prescribed medicine and a lotion for applying to the wound externally. Appellant, therefore, denied all the allegations and stated emphatically that this was all that he did and prescribed on 18.6.1994 and thereafter he did not give any treatment at all. Appellant also denied receiving any payment on 19.6.1994. Appellant also specifically denied giving injections twice a day. Appellant further denied all and every allegation made in the complaint and, therefore, denied liability to pay the damages claimed. Under the heading 'Special statement' appellant has stated that he did prescribe medicine and lotion on 18.6.1994 but thereafter complainant never came to him again. He must have purchased medicine from market, but he did