Dr. S.M. Kantikar, Member— Brief facts of the Complaint :

The complainant Smt. Manju’s husband, late Mr. Anil Chawla,(hereinafter, “ a patient” consulted the Opposite party (OP-2), Dr. at his clinic (OP-1) for his long standing and recurrent cold problem since 10 years and he was taking anti-cold medicines for many years but often he had inability to breathe from the right nostril, snoring at night and bitter taste in throat during nasal infection with running nose . The OP-2 examined him and diagnosed as the cartilaginous nasal septum was grossly deviated to right side and blocking the nose on the right nostril. After X-ray and Endoscopy investigations the OP-2 advised the patient to undergo a surgery and date was fixed on 1st October, 1998. As the patient’s son, Dhruva, Complainant No.-3 was suffering from adenoid, OP-2 performed successfully, the adenoid surgery of Dhruva on 30th September, 1998 and was discharged on the same evening. On 1st October, 1998, since it was Dussehra as requested by patient OP-2 rescheduled the surgery for next day at 7.30 pm. Therefore, the patient reached the Nursing home of the OP-2 at 7.30 pm on 2.10.1998 straight from his office