AFR / NAFR CHHATTISGARH STATE CONSUMER DISPUTES REDRESSAL COMMISSION PANDRI, RAIPUR APPEAL No.- FA/24/142 Date of Institution: 07/03/2024 Date of Final Hearing: 14/02/2025 Date of Pronouncement: 13/03/2025 IN THE MATTER OF :

Dr. Sarita Manoj Thomas, MPM Hospital, Dharampura, Jagdalpur, Dist. Bastar (C.G.) … O.P. No.1 /Appellant Through: Shri R.K. Bhawnani, Advocate Vs.

1. Rajani Jain, W/o. Shri Naresh Jain, R/o. Near Anupama Chowk, Jagdalpur, Dist. Bastar (C.G.) … Complainant /Respondent No.1 Through: Shri P.K. Paul, Advocate

2. Manager, MPM Hospital, Dharampura, Jagdalpur, Dist. Bastar (C.G.) … O.P. No.2 /Respondent No.2 Through: Shri Krishna Kumar Sinha, Advocate APPEAL No.- FA/24/143 Date of Institution: 07/03/2024 Date of Final Hearing: 14/02/2025 Date of Pronouncement: 13/03/2025 IN THE MATTER OF :

Manager, MPM Hospital, Dharampura, Jagdalpur, Dist. Bastar (C.G.) … O.P. No.2 /Appellant Through: Shri R.K. Bhawnani, Advocate Vs.

1. Rajani Jain, W/o. Shri Naresh Jain, R/o. Near Anupama Chowk, Jagdalpur, Dist. Bastar (C.G.) … Complainant /Respondent No.1 Through: Shri P.K. Paul, Advocate

2. Dr. Sarita Manoj Thomas, MPM Hospital, Dharampura, Jagdalpur, Dist. Bastar (C.G.) … O.P. No.1 /Respondent No.2 Through: Shri Krishna Kumar Sinha, Advocate CORAM: -

HON’BLE SHRI JUSTICE GAUTAM CHOURDIYA, PRESIDENT HON’BLE SHRI PRAMOD KUMAR VARMA, MEMBER PRESENT IN BOTH APPEALS: -

Shri R.K. Bhawnani, Advocate for Dr. Sarita Manoj Thamas Shri P.K. Paul, Advocate for Rajani Jain.

Shri Krishna Kumar Sinha, for Manager, MPM Hospital

O RDE R

PER: - JUSTICE GAUTAM CHOURDIYA, PRESIDENT This order will govern disposal of both these appeals, filed under Section 41 of the Consumer Protection Act, 2019 (hereinafter called “the Act” for short), arising out of the same impugned order dated 07.02.2024 passed by District Consumer Disputes Redressal Commission, Bastar at Jagdalpur (C.G.) (hereinafter called the “District Commission” for short) in Complaint Case Nos.CC/08/2018, whereby the complaint was partly allowed and each of the opposite party Nos.1 & 2 were directed to pay compensation of Rs.4,00,000/- separately (i.e. total Rs.8,00,000/- (Rupees Eight Lakh) to the complainant with simple interest thereon @ 7% p.a. from the date of filing complaint i.e. 01/02/2018 till the date of payment, within one month from the date of order, failing which the interest was directed to be paid @ 9% p.a. It was further directed that out of the amount of penalty of Rs.2,00,000 (two lakhs) imposed on the opposite party Nos.1 & 2, Rs.1,00,000/- (one lakh) shall be payable to the complainant and Rs.1,00,000/- (one lakh) shall be deposited in the District Consumer Welfare Fund. The opposite party Nos.1 & 2 were also directed to pay compensation of Rs.25,000/- (twenty five thousand) to the complainant for the physical, mental and financial suffering within one month from the date of order and to bear their own expenses litigation and that of the complainant of Rs.5,000/- (five thousand). Feeling aggrieved the opposite party Nos.1 & 2 have separately challenged the impugned order by way of both these appeals. Hereinafter in this order, for the purpose of convenience, the parties will be referred as per their original nomenclature before the District Commission.

2. In nutshell the fact of the case are that the complainant had poor eyesight, so she got her eyes checked by opposite party No.1 Dr. Sarita Manoj Thomas posted at MPM Hospital Jagdalpur. After checking the complainant's eyes, she told that the complainant had cataract and would have to undergo surgery and that the operation would be done at MPM Hospital Jagdalpur. After this, it was told that the operation would cost around Rs.15,000/- (fifteen thousand). The complainant agreed for the operation and deposited Rs.12,000/- (twelve thousand) for the operation at MPM Hospital Jagdalpur. The opposite party No.1 operated on the left eye of the complainant at MPM Hospital Jagdalpur on 03/07/2017 and said that the bandage on the ey