Mr. Justice S.C. Datta, President—The petitioner, Shri Nirmalendu Paul, aged 73 years approached the opposite parties for the first time on 18.3.1993 for the treatment of his eye. Opposite party-1, is a Surgeon and a Specialist in Intra-oculur Lens implant and Micro-surgery and is attached to opposite party-2, an Eye Foundation Centre. After examination of the complainant, opposite party-1 observed that the poor vision in his left eye would be cured after operation. On his advice, the petitioner went through some pre-operative tests. He was also examined by one Dr. D.K. Saha an associate of opposite party-1 and a Specialist in the subject.

2. On 29.6.1993, the complainant got himself admitted in the Clinic of opposite party-2 and Surgery was done in the left eye of the complainant. Thereafter, the complainant visited several times to the chamber of opposite party-1 for post-operative care and treatment. The petitioner claimed that the opposite party has taken a total sum of Rs. 30,000/- on several occasions towards operation charges and other fees. It has been alleged that the opposite parties did not grant receipt for all the money they have received. According to the complain