Appellant/Complainant, Anupam Bhattacharyya hails from Agartala, Tripura. As per the Consumer Complaint before the State Commission, he was admitted into OP/hospital, Calcutta Medical Research Institute (CMRI), Kolkata, on 12.8.1999 with a fracture of the left leg. He was treated by OP-2/Dr Subrata Dasgupta at CMRI. On 17.8.1999 a surgical operation was performed on his left femur bone and he was discharged on 27.8.1999. In this surgery an IM (Intramedullary) Nail (rod) was implanted in his femur bone of the left leg by OP-2. Thereafter, he was checked by OP-2 on four occasions, till 13.8.2000.

2. Allegedly, as per the advice given by OP-2, the Complainant had started walking without support of any crutch or stick. One morning he found suddenly that he was unable to move and suspected that Iron Nail had broken inside his leg. He was taken back to the OPs at CMRI on 3.9.2000. However, the complaint petition does not show whether any diagnostic or corrective procedures were performed at CMRI in this visit.

3. The main allegation against the OPs is that the Iron Nail had not been properly fixed with screw for interlocking. As claimed, the surgery was performed negligently by OP-2/D