ORDER

S.M. Kantikar, Presiding Member—Both the cross appeals have been filed against the common order dated 24.1.2008 passed by UT Chandigarh State Consumer Disputes Redressal Commission, Chandigarh (for short, ‘State Commission’) wherein the State Commission allowed the complaint. The complainant, Harnek Singh filed the first appeal No. 108 of 2008 for enhancement of the compensation and other appeal No. 120 of 2008 filed by Dr. Gurmit Singh/OP for dismissal of the complaint.

2. The brief facts of the Complaint:

The facts are drawn from F.A. No. 108 of 2008 and the parties are referred herein as mentioned in the complaint.

On 13.07.2004, Harnek Singh, the complainant and his wife Manjeet Kaur (for short, ‘patient’) approached one Laparoscopic Surgeon, Dr. Gurmeet Singh/OP-1 at Preet Surgical Centre & Maternity Hospital at Patiala (for short Preet Hospital- OP-2) for the complaints of abdominal pain. After examination and investigations OP-1 diagnosed it as gall bladder stone. On 28.07.2004 OP-1 performed laparoscopic Cholecystectomy and placed a drain in the abdomen. The complainant alleged that the patient developed progressive abdominal pain and distension; during post-operative pe