S.C. Vyas, President—This appeal is directed against order dated 11.11.08, passed by District Consumer Disputes Redressal Forum, Raipur (hereinafter called “District Forum” for short), in complaint case No.375/07, whereby the complaint of the appellant herein, alleging deficiency in medical service and for claim of damages, has been dismissed, on the ground that such allegation of medical negligence has not been proved.

2. Facts of the case in brief, as narrated in the complaint, are that on 31.7.05, complainant/appellant suffered fracture of radius and ulna bones of his left hand. He went to the hospital of respondent/OP, where, on 1.8.05, after thorough checkup surgical operation was advised. The operation was performed and the complainant/appellant was required to remain in the hospital till 3.8.05. He was discharged on 3.8.05 and was advised to come to the hospital, from time to time, for checkup. He attended the hospital on 11.8.05, 15.8.05 and 5.10.05 and medicines were prescribed by the respondent. It was found that even after one month there was no markable progress in the healing of injury. On 25.11.05, he again went to the hospital of the respondent, where, after che