Dr. S.M. Kantikar, Member—This first appeal has been filed under Section 19 of the Consumer Protection Act, 1986 by the complainants against the order dated 02.08.2007 passed in Complaint Case No. 52/SC/2000 by U.P. State Consumer Disputes Redressal Commission, Lucknow (hereinafter referred as ‘the State Commission’) whereby the State Commission allowed the complaint and directed the opposite party No. 1 to pay an amount of Rs.5,00,000/- to the complainants towards damages, failing which, opposite party No.1 was directed to pay 10% interest to the complainants.

2. Shri Ramkesh, since deceased, (hereinafter referred as a patient) was suffering for the problems of pain in his knees since 1998. He consulted a local doctor, namely, Dr. R. K. Singh of Kanpur/OP 2. OP 2 treated him for some time and prescribed some medicines. The patient got lot of relief and was relieved of the pain. Thereafter, in order to walk freely and get rid of the malady, the patient contacted Dr. R. N. Srivastava/OP 1. OP No.1/Dr. R. N. Srivastava suggested MRI test at Raj Scanning Centre. However, OP 1 performed spinal surgery instead of knee surgery by which his both legs were became paralysed. During po