Smt. Neerja Singh, Member—This appeal is by the complainant, whose complaint of negligence against the respondent doctor, was dismissed by an order dated 28.6.2006, passed by District Consumer Disputes Redressal Forum Gwalior.

2. Brief facts of the case, as represented by the appellant, are that she had pain in the stomach for which she consulted respondent No. 1, Dr. Pankaj Jain, on 16.7.2004. He told her that she had stones in her gall bladder. Dr. Jain operated on her for the removal of the stones on 19.7.2004, and she was discharged from the hospital on 21.7.2004 after making a payment of Rs. 12,000. After the operation, the abdominal pain persisted. She again contacted Dr. Jain on 31.7.2004, who referred her to Sir Gangaram Hospital, New Delhi. An endoscopy operation was done there on 2.8.2004 by Dr. Amit Arora, who told her that he removed a stone, which was causing obstruction in the food pipe. She paid Rs. 24,637 as hospital charges.

3. The complainant alleges that there were 3 stones, whereas Dr. Pankaj Jain removed only 2 stones. The third could not be detected and removed by him. She has alleged negligence on his part, in not performing a thorough and complete check-u