T. K. Chakraborty VS Mukesh Patra

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

R. K. AGRAWAL, S. M. KANTIKAR
T. K. Chakraborty – Appellant
Versus
Mukesh Patra – Respondent

Counsel for the Parties:
For the Appellant:Dr. B.T. Kaul and Mr. K.S. Negi, Advocates
For the Respondent:Ms. Anu Narula, Advocate with the Respondent

ORDER

Dr. S.M. Kantikar, Member—The Appellants have filed the instant Appeal under section 19 of the Consumer Protection Act, 1986 against the Order passed by the State Consumer Disputes Redressal Commission, Delhi (hereinafter referred to as the “State Commission”) in C.C. no. 103/2003, whereby the State Commission allowed the Complaint and awarded Rs.10/-lakh as compensation and also directed to pay Rs.10,000/- as litigation cost.

2. Brief facts are that on 03.01.2003, Mukesh Patra, about 16 years boy (hereinafter referred to as the ‘patient’) approached Dr. Chakraborty/Appellant with complaint of pain in his left knee due to a hit by a stone few days back. The Appellant doctor took an X-ray and diagnosed it as ‘Tuberculosis (T.B.) of bone’ and advised the anti-tubercular treatment (ATT) for at least 3 months. ATT was started but the condition of patient deteriorated and pain became unbearable. It was alleged that from the biopsy report of lesion in left leg, the OP/Appellant told it as T.B. of bone. On 09.03.2003, there was increase in swelling and pain. The patient was referred to Dr. M.F. Rehman (Orthopedic Surgeon), who immediately stopped ATT and diagnosed it as ‘Tumor’ and