Mr. Justice K.S. Gupta, Presiding Member: Complainant No.1 widow and complainant Nos. 2 and 3, minor children of Naveen Kant, jointly filed this complaint inter alia alleging that for the first time in April, 1990 Naveen Kant developed hypertension and was under the treatment of Dr. P.O. Gulati, Nephrologist. On 15.5.1995, Dr. Gulati advised him for renal transplantation. Since 1.6.1995, Naveen Kant underwent regular maintenance dialysis at Tirath Ram Shah Hospital, Delhi under the supervision of Dr. Gulati. In Junel July 1995. from their friends and acquaintances Naveen Kant and complainant No. 1 learnt of Dr. Muthusethupathi-opposite party No.1, a Nephrologist of repute at Madras. On 31.7.1995, Naveen Kant: complainant No.1; A.V. Krishna, brother of complainant No.1 and O.J. Somasundaram met opposite party No. 1. He was shown the entire medical record. After examining Naveen Kant, the opposite party No. 1 agreed to perform renal transplantation for him. On 25.8.1995, opposite party No.1 examined the suitable donor to assess his kidney's compatibility with Naveen Kant's system. On 8.9.1995, Naveen Kant and the donor jointly wrote the Authorising Committee constituted by the Government of Tamil Nadu vide G.O. Ms. No. 287/ Health dated 15.5.1995 for approval. In their meeting held on 15.9.1995 the Authorisation Committee approved the proposed transplantation. On 17.9.1995, opposite party No. 1 advised Naveen Kant to continue to have dialysis twice a week and wait his turn for transplant operation. After waiting for four weeks and finding that there was no immediate prospect of his turn reaching, Naveen Kant returned to Delhi. He continued to have dialysis twice a week as advised by opposite party No. 1 at Tirath Ram Shah Hospital. On 31.10.1995, Naveen Kant and complainant No. 1 returned to Madras and consulted the opposite party No. 1 who indicated that the operation might be done on 12.11.1995 at opposite party No.6 Aswini Soundra Nursing Home On 10.11.1995 amount of Rs. 1,10,000 to wards medical fee and expenses was paid partly in cash and partly through :'In account payee cheque to opposite party No. 6-nursing home. On 12.11.1995, kidney transplant was performed by a team of about twelve doctors headed by Dr. P.S. Venkateswaran-opposite party No.5; a Consultant attached to opposite party No. 6. Opposite party No. 1 joined the team in operation. After operation, opposite party Nos. 1 and 5 informed the complainant No. 1 of the transplantation being successful. From the operation theatre both the donor and Naveen Kant were shifted to ICU for post-operative care. Complainant No. 1 was not allowed to go near them. On 15.11.1995, complainant No. 1 was informed by the nursing staff on duty that her husband had developed infection and malaria for which certain medicines were given. Complainant No. 1 and other family members were allowed to see Naveen Kant only with facemask and that too for few minutes in a day in the ICU. On 20.11.1995, donor was discharged from opposite party No. 6-nursing home. On 24.11.1995, Naveen Kant too was discharged with direction to attend as an out patient for dressing of the wound at the place of incision. It was alleged that while still in ICU, Naveen Kant had complained of pain in his left forearm where intravenous drugs were injected to opposite party Nos. 1 and 5 who assured that the pain would disappear in due course. On the same day, in the evening, Naveen Kant and complainant No. 1 attended the clinic of opposite party No.1 for review when NaveenKant reiterated his grievance of pain in the left forearm. From 24.11.1995 onwards, Naveen Kant accompanied by complainant No. 1 and/ or one of his family members attended the clinic of opposite party No.1 or opposite party No.6-nursing home almost daily. On 30.11.1995, opposite party No. 1 noticed the onset of cellulitis in Naveen Kant's left forearm and he referred him to opposite party No.5. After his first abscess burst on 2.12.1995, there was