STATE CONSUMER DISPUTES REDRESSAL COMMISSION HARYANA FIRST APPEAL NO. SC/6/A/781/2017 DR.S.K.DHAWAN PRESENT ADDRESS - ORTHPAEDIC SURGEON C/O SHAWAN ORTHOPAEDIC HOSPITAL ARYA NAGAR JAGADHRI ROAD, AMBALA CANTT DISTT.AMBALA,HARYANA.

.......Appellant(s)

Versus SHAM LAL PRESENT ADDRESS - S/O NARATA RAM VILLAGE SURAKPUR TEHSIL SHAHBAD DISTT.KURUKSHETRA,HARYANA.

.......Respondent(s)

BEFORE:

MR. S . P . SOOD , JUDICIAL MEMBER MR. SURESH CHANDER KAUSHIK , MEMBER FOR THE APPELLANT:

MR. ROHIT HATWAL PROXY COUNSEL FOR MR. NITIN SOOD, COUNSEL FOR THE APPELLANT NO.1. MR. VINOD CHAUDHARY, COUNSEL FOR APPELLANT NO.2.

FOR THE RESPONDENT:

MR. ASHUTOSH BLIVES, COUNSEL FOR RESPONDENT NO.1. NAME OF RESPONDENT NO.2 ALREADY DELETED VIDE ORDER DATED 15.09.2017.

DATED: 10/03/2026

ORDER

STATE CONSUMER DISPUTES REDRESSAL COMMISSION HARYANA, PANCHKULA Date of Institution: 30.06.2017 Date of final hearing: 10.03.2026 Date of order: 10.03.2026 First Appeal No.781 of 2017 IN THE MATTER OF:-

1. Dr. S.K. Dhawan, Orthopaedic Surgeon, C/o Shawan Orthopaedic Hospital, Arya Nagar, Jagadhri Road, Ambala Cantt., District Ambala.

2. The New India Assurance Company Ltd., #6269, Nicholson Road, Ambala Cantt., through its Branch Manager.

...Appellants Versus

1. Sham Lal S/o Sh. Narata Ram, Resident of Village Surakpur, Tehsil Shahbad, District Kurukshetra.

2. Dr. Sumit Kalra, Kalra Physiotherapy Centre, Jagdish Marg, Shahbad (M), District Kurukshetra.

…..Respondents CORAM: SH. S.P. SOOD, JUDICIAL MEMBER SH. S.C. KAUSHIK, MEMBER Present:- Mr. Rohit Hatwal proxy counsel for Mr. Nitin Sood, counsel for the appellant No.1.

Mr. Vinod Chaudhary, counsel for appellant No.2. Mr. Ashutosh Blives, counsel for respondent No.1.

Name of respondent No.2 already deleted vide order dated

15.09.2017.

ORDER

PER: S.C. KAUSHIK, MEMBER:

Delay of 08 days in filing of present appeal stands condoned for the reasons mentioned in application seeking condonation of delay.

2. In present appeal No.781 of 2017; legality of order dated 17.05.2017 passed by learned District Consumer Disputes Redressal Forum, Ambala (In short “District Commission”) in complaint case No.287 of 2012 has been assailed; vide which complainant’s complaint has been allowed.

3. Factual Matrix: Complainant was suffering regular pain in his right leg lower limb and he got examined himself form M.M. Institute of Medical Science & Research, where his MRI was done and it was found that Lumbar Lordotic Curvature is straightened. The Lumber intervertebral disc space shows loss of T2W hyper intensity at multiple lumbar levels S/O disc desiccation with slight reduction of intervertebral disc height at L4-L5 level Type-II end plate changes are seen at L4-L5 level. Posterior disc bulge with small right paracentral disc protrusion is seen at L4- L5 level causing mild compression of the thecal sac and compressing B/L nerve roots in neural foramine (RT-LT). Posterior disc bulge with small right paracentral disc protrusion is seen at L5-S1 level mildly intending the thecal-sac and compressing the right sided existing nerve foot. Complainant took the treatment and medicines but he did not get any relief. On 18-07-2011, complainant met Dr. Sumit Kalra at Kalra Physiotherpy Centre, Shahbad (M), District Kurukshetra, where doctor said to complainant that Dr. S.K. Dhawan-OP No.1 will visit his house to attend a party and he advised the complainant to come to his house for check-up by OP No. 1. In evening, complainant visited the house of Dr. Sumit Kalra, where OP No. 1 checked him and also studied his MRI report and advised for operation of spinal cord in his hospital at Ambala. Complainant was referred to the hospital of OP No. 1. On 20.07.2011, complainant was suggested by OP No. 1 for conducting surgery for the said disease. OP No. 1 assured the complainant that after surgery the said problem will be treated and complainant will become hale and hearty as before within 3 or 4 days and complainant will do his routine work as before. OP No. 1 demanded Rs.50,000/- f