Mrs. Rajyalakshmi Rao, Member - This is an original complaint No. 685/92 filed in State Commission which was dismissed by an order dated 2nd December, 1993 and the hearing took place on an appeal by the complainant to the National Commission in First Appeal No. 82 of 1994 dated 30 May, 1997. The said appeal was disposed off remanding this case back to the State Commission with directions to both the parties to reappear in the State Commission. The order of National Commission further added that enough opportunity should be given to the complainant to lead evidence regarding medical negligence and the opposite parties to substantiate their allegations.

The complainant, Dr.(Ms.) Jasmine Patel argued the matter herself and then filed written arguments. The Opposite Parties(1) Dr. R.J. Maneksha, and(2) Dr. Bacha's Nursing Home were represented by Dr. M.S. Kamal, who filed written arguments. The brief facts of the case are as follows:

1. The complainant lost her kidney after an assault on her in Germany and she had put on excess weight. While she was in India, she happened to come in contact with Dr. R.J. Maneksha O.P. No.1, who according to her, persuaded her to undergo a cosmetic k