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2002 Supreme(J&K) 154

T.S.DOABIA, S.K.GUPTA
S. Narinder Singh – Appellant
Versus
R. D. Sood (Dr. ) – Respondent


Advocates Appeared:
Advocate For Appellant: R.S. Sharma
Advocate For Respondent: Permod Kohli
Advocate For Respondent: Gaurav Pachnanda
Advocate For Respondent: Baldev Singh

1. We have heard Mr. R. S. Sharma, learned advocate for appellant, as well as Mr. Parmod Kohli, learned senior advocate, for respondent-1 and Mr. Baldev Singh, learned counsel, for respondent-2 at length. This Civil 1st Miscellaneous Appeal is directed against the order dated 21.12.1999 propounded by the Jammu and Kashmir Consumers Protection Commission, hereinafter referred to as Commission. By virtue of the aforesaid order, the Commission has dismissed the complaint of the appellant for damages against the respondents on account of medical negligence and injuries/ loss.

2 The facts relevant for the disposal of this appeal in nutshell are that complainant Narinder Singh approached respondent-1, Dr. R.D. Sood, on 23.3.1998 with regard to ailment of his left eye. After detailed clinical examination, Advanced Immature Catract (ISC) was diagnosed and the complainant was advised to undergo a surgical procedure. A Catract Extraction in left eye with intraocular lens was performed on the complainant by respondent-1 on 29-3-1998. On 30-3-1998, bandage of complainant was removed and clinical examination was done It was found that the left eye showed signs of inflammation as exudates had a









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