Mr. Justice K.D. Shahi, Chairman—This is an appeal against the judgment and order dated 26.3.2003 passed by the District Forum, Udham Singh Nagar, whereby, the complaint of Govind Ram Aggarwal was dismissed for alleged deficiency in medical service.

2. The appellant filed the complaint on 12.5.1995 with the allegations that he was suffering from eye disease and he was getting his treatment from Dr. Naveen Aggarwal of Modern Eye Hospital. On 15.2.1995, Dr. Naveen Aggarwal inspected the eye of the appellant and had advised that Tonometer shall not be used in the eyes of the appellant because it may affect his eye-sight. On 23.2.1995, the appellant went into the hospital of Dr. V.P. Gupta for treatment who examine the eyes of the complainant and saw the old prescriptions. He was also shown the prescription dated 15.2.1995. But, still Dr. V.P. Gupta administered tonometer in the eyes of the appellant. He said that he will give treatment according to his own discretion. On feeling sufficient pain and agony, the appellant, again, went to the hospital of Dr. Naveen Aggarwal on 24.2.1995. He examined the eyes of the appellant and told that due to the use of tonometer in the eyes by Dr.