ORDER

Anupam Dasgupta, Member - This appeal arises from the order dated 22.4.2003 of the Andhra Pradesh State Consumer Disputes Redressal Commission, Hyderabad ( the State Commission ) by which the latter dismissed the complaint of the appellant, alleging medical negligence and deficiency in service on the part of the respondents in the treatment of the appellant's son, K. Yugandhar, a 19-year-old student of a local college who met with a road accident on 26.6.1996 and suffered fracture of his left femur.

2. The appellant's case before the State Commission was that on 5.7.1996, respondent No. 1 ( the surgeon ) operated upon Yugandhar at respondent No. 2, a private nursing home where Yugandhar was admitted on 28.6.1996 (at the advice of the surgeon) after initial treatment at another hospital. The allegation was that the surgeon did not conduct the surgery with due care in implanting the plate to ensure proper union of the fractured bone. The x-ray taken on 12.7.1996 in fact showed that the screws had not been fixed properly to hold the plate in position, as a result of which the plate got damaged. Even after his discharge on 17.7.1996, Yugandhar continued to complain of pain, which d