Mr. Justice J.D. Kapoor, President—This case demonstrates the plight of a poor person who lost his three months old child as he could not afford the fees of a Nursing Home, could not get a bed at AIIMS and when taken to another Government Hospital viz Dr. RML Hospital was referred to Kalawati Saran Hospital and in the process the child breathed his last there. Poor child was treated like a rolling stone and a shuttlecock.

2. On account of death of a three months child due to renal failure because of overdose of medicines prescribed by the appellant doctor to whom the child was first taken, the District Forum vide impugned order dated 3.10.2000, has directed the appellant to pay Rs. 1,00,000 as damages for the trauma and suffering undergone by the respondent and his family and Rs. 50,000 towards the cost of the treatment of the child at different places and also for connected expenses and Rs. 2,500 as cost of litigation.

3. Feeling aggrieved the appellant has directed this appeal under Section 17 of the Consumer Protection Act, 1986.

4. Case of the respondent-complainant in brief is that the child named Rishabh aged 3 months fell ill on 6.9.1998 and was taken to the appellant on 7