Mr. Justice M.A.A. Khan, President—This is an appeal by the opposite party to Complaint No. 1063/1994 from the order dated 27.7.1995 whereby the District Forum, Sri Ganganagar held the appellant guilty of medical negligence in the treatment of urinary track problem of the respondent and directed him to pay a sum of Rs. 10,000/- as compensation for mental agony and physical discomfort and Rs. 5,000/- as cost of litigation to the respondent.

2. Relevant facts are these :

The appellant is a doctor by profession and being an urologist treats patients, suffering from urinary problems, at his Clinic/Nursing Home, known as Mishra Nursing Home, Rai Singh Nagar, Distt. Sri Ganganagar. The respondent-complainant was, at the relevant time, working as an IVth Class Govt. employee at Tehsil Rai Singh Nagar.

3. On 23.11.1994 the respondent filed his complaint before the District Forum with the allegations that on 22.2.1994 he consulted the appellant at his Nursing Home in respect of complaint of itching in urinary track and difficulty in passing urine, that the appellant, without conducting any sort of tests and checking, advised him to get himself operated for his problem without loss of any