Mr. J.N. Srinivasa Murthy, Member—This complaint is filed on 9.3.2000 by the above persons praying for passing an order directing the above O.P. to pay Rs. 10.00 lakh as damages to him in the ends of justice.

Brief facts of the case are, he met with a road accident on 18.3.1997, and got admitted on 19.3.1997 in the O.P. 1 Hospital for treatment. Dr. Sriram is the proprietor of it, and Dr. S. Muthu is an Orthopaedic Surgeon there. During treatment, complainant was operated on 24.3.1997 for fracture of lower right femur. O.P. 2 had operated the complainant upon open reduction and internal fixation with 95 DCS, and bone grafting done without removing bone pieces. Due to non-removal of it, and negligence of the Doctors, pus was formed. For controlling it, again complainant underwent Exploration/Cavage/Gentabead Placement Intraosseous on 3.4.1997. In spite of the above treatment, discharge of pus and swelling of thigh continued. Instead of curing the said ailments, the O.Ps. discharged the complainant on 26.4.1997 by giving some advice, and opined to review after 6 weeks. Due to heavy pain and suffering, and huge formation of pus, he again went to O.P. 1 Hospital for treatment on 3.5.1997. O.P. 2 Dr. Sriram refused to admit and treat him, and sent back without any treatment. This clearly shows the attitude of O.P. 1 and O.P. 2, and negligence to treat the patient, who approached them for ailments. O.Ps. were fully aware of the wrong done by them while operating the complainant for fracture. Due to their negligence in performing the operation of right thigh, swelling and pus formation continued. Due to refusal to admit and treat by O.Ps. for the 2nd time, without any alternative, complainant went to HOSMAT Hospital, Magrath Road, Bangalore-25, and got admitted there on 5.5.1997 as in-patient. There the complainant was operated on 9.6.1997 by removing the loose concellous screws 1. Cortical screw and gentabead, exacuation of pus and cunratage, and again on 26.5.1997 he was operated and removed the implant with application of skeletal traction over B-B frame done under G.A. on 26.5.1997. Again on 9.6.1997 complainant was operated on right femur illizarav ring fixator application with angulating corrected done under G.A. These treatments were done to cure the pus formation and swelling of thigh due to bad treatment given by O.Ps. and their negligence in conducting operation, and inserting steel blades with loose cancellous screws and cortical screws with gentabead placement and non-removal of bone pieces at the time of operation. Since 21.6.1997, he has been admitted to the Hospital and discharged several times, and so many treatments have been given to him. But, still condition is not improved. Due to negligence and dereliction in service by O.Ps., while the complainant was admitted in their Hospital, he is suffering even now. Ever since the admission to O.P. 1 Hospital till today, he has spent Rs. 3,50,000 and underwent lot of pain and sufferings besides mental agony. He has suffered physical disablement, and lost all his activities. Complainant is a Technician by Profession working in M/s. Widia India Ltd., Bangalore, and his job requires lot of physical work. due to O.P.’s negligence in providing proper treatment he has become weak, and could not discharge his duties. Leg of the complainant is shortened. Complainant is entitled to claim the loss and expenditure incurred by him of Rs. 3.50 lakh together with a sum of Rs. 6.50 lakh towards pain, suffering, mental agony, improper treatment, physical disability suffered by him as a result of negligence of the O.Ps. in not providing proper treatment. While he was admitted in their Hospital, complainant got issued legal notice on 23.9.1999 to the O.Ps., calling upon them to pay Rs. 10.00 lakh within 15 days from the date of receipt of notice, which they have failed to do. Complainant is a consumer, and there is deficiency in service by O.Ps. in treating him, and negligent, resultin