Surendra Ram VS Ramesh Prasad Singh

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

SUBHASH CHANDRA
Surendra Ram – Appellant
Versus
Ramesh Prasad Singh – Respondent

Counsel for the Parties:
For the Petitioner:Mr. R.R. Singh, Advocate with Ms. Preeti Choudhary, Advocate
For the Respondent:Mr. Jai Krishna Singh and Mr. Manoj Kumar, Advocates

ORDER

The present revision petition has been filed under section 21 (B) of the Consumer Protection Act, 1986 (in short, ‘the Act’) against the judgment dated 01.11.2018 of the Bihar State Consumer Disputes Redressal Commission, Patna (‘in short, the State Commission’) in Appeal no.870 of 2006.

2. The brief facts of the case are that the petitioner’s wife Anandi Devi complained of some pain and problem in the stomach for which she was advised by the local doctor at Gopalganj, Bihar to consult a good surgeon at Patna, Bihar. Accordingly, the petitioner along with his wife (now deceased) came to Patna and consulted the respondent herein, Dr Ramesh Prasad Singh of Sharada Seva Sadan, opposite Kendriya Vidyalaya, Kanakarbagh, Patna. The said doctor examined the wife of the petitioner on 29.03.2003 and after examination the doctor advised the some tests to arrive at a definite conclusion and a correct diagnosis could be done. Pathological tests for blood and urine were conducted on 29.03.2003. An ultrasound was also conducted on 31.03.2003. On perusing the pathological tests and ultrasound, the respondent advised the patient to get the gall bladder removed.

3. After necessary formalities