NATIONAL CONSUMER DISPUTES REDRESSAL COMMISSION, NEW DELHI
*Dr. S. M. Kantikar (Presiding Member), Binoy Kumar (Member)
Sh. Rama Shankar Jaiswal – Appellant
Versus
Dr. Samar Sen Gupta & Dr. Prosenjit Mondal – Respondent
1. This order shall decide both the Revision Petitions arising from the impugned order dated 24.04.2017 passed by the State Consumer Disputes Redressal Commission, West Bengal (hereinafter referred to as the ˜State Commission') in Appeal No. A / 559/2015. One Revision Petition No. 2230/2017 is filed by Dr. Samar Sen Gupta (OP - 2) & Dr. Prosenjit Mondal (OP - 3), whereas the Complainant - Sh. Rama Shankar Jaiswal filed the R.P. No. 2095/2017.
2. The issue involved is post - cataract alleged negligence caused loss of vision in the right eye of the Complainant.
3. The District Forum allowed the Complaint with following observations:
Due to gross negligence committed by the OPs, the complainant lost vision of his right eye and for which the OP No - 1 is to compensate the complainant by way of compensation. The third operation was at all not necessary and for that reason complainant lost the vision of his right eye. So, we are of the view that it is due to negligency of the OP No. - 1. Complainant has suffered mental and pecuniary loss. Complainant is a 70 years old person and OP No. - 1 is humanitarian ground should pay Rs.50,000 as compensation for loss of his eye. The finding of Ld. Fo
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