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APPEAL No.571/2020
Date of Filing :22.09.2020
Date of Disposal : 13.01.2022
BEFORE THE KARNATAKA STATE CONSUMER DISPUTES
REDRESSAL COMMISSION, BENGALURU (PRINCIPAL BENCH)
DATED:13.01.2022
PRESENT
HON’BLE Mr JUSTICE HULUVADI G RAMESH : PRESIDENT
Mr K B SANGANNANAVAR: JUDICIAL MEMBER
Mrs DIVYASHREE M:LADY MEMBER
APPEAL No.571/2020
Mr Mallikarjun Patil
S/o Mr Nagarajappa
Aged about 30 year,
Supervisor,
M/s Rasi Infra Developers,
R/at ManjunathaNilaya,
Opp:Agricultural College,
Behind Canara Bank,
Savalonga Road,
Shivamogga City.
(By Mr B S Rudresh, Advocate)
Appellant
-Versus-
Dr B Parameshwarappa, B.Sc., B.D.S.,
Dentist, Mylar Building,
Durgigudi,
Shivamogga Town
(By Mr Arun A Gadag, Advocate)
Respondent
:ORDER:
Mr JUSTICE HULUVADI G RAMESH : PRESIDENT
1. This Appeal is filed under Section 15 of Consumer Protection
Act 1986, aggrieved by the Order dated 12.08.2020 passed in
Consumer Complaint No.85/2019 by District Consumer Disputes
Redressal Forum, Shivamoga (for short the District Forum).
APPEAL No.571/2020
2. The District Forum after enquiring into the matter Dismissed
the Complaint and by imposing a Penalty of Rs.5,000/- payable to
the OP within 4 weeks from the date of the Order, as the medical
negligence is not conclusively attributed in the Complaint. Further,
if the Complainant has not complied with the Order within the
stipulated time, said amount shall carry interest @ 10% p.a.
Aggrieved by this Order, Complainant is in Appeal.
3. Heard the Learned Counsel for the Appellant, perused the
records and the Impugned Order. The allegation of the Complainant
is that he was suffering from tooth pain on 04.08.2017 and visited
OP’s Dental Clinic and took treatment. Thereafter, again he visited
the OP’s Clinic on 07.08.217, after examination, OP removed 2 molar
tooth of upper jaw, which subsequently led to continuous bleeding
from Nose and Mouth, for which he took treatment as per the advice
of the OP in Malnad ENT Institute & Research Centre, Mandya and
spent more than Rs.15,000/- per month for treatment. Hence, he
requested OP to set up a new tooth in place of the removed tooth, as
he was suffering from head ache and cannot chew any food, to which
OP informed that it is not possible to set up new tooth, as there is no
strength in the Jaw.
4. The stand taken by the OP is that he treated the Complainant
as an Out Patient in his Clinic and after examination, he came to
know that there was gingival tooth on the upper right side which was
protruding inside on the jaw and the adjacent tooth was also with
root and he removed it and it is but natural that there may be
bleeding at the time of removal of such tooth. The Complainant has
not followed the prescribed medical precautions & instructions
givenby the OP and the Complainant’s teeth were in bad condition,
due to Tobacco chewing and that he cleaned the Complainant’s teeth
without any charges, but Complainant demanded money from him
APPEAL No.571/2020
and the same was refuse hence there is no deficiency in his service
in treating the Complainant.
5. The observation of the District Forum is that on examination,
OP cleaned the Complainant’s teeth without any charges and if he
observed any negligence in the service of OP, the need not have to
chose to visit the clinic of OP for the same ailment and the attitude of
the Complainant clearly goes to show that he intentionally filed the
present Complaint to demand money from the OP.
6. Thus in the present case, it is an un-disputed fact that the
Complainant took treatment with OP on 04.08.2017 & 07.08.2017
and thereafter, as per the advice of OP, he got himself admitted to
Malanad ENT Institute & Research Centre, Shivamogga and taken
bed rest upto 12.08.2017, spent Rs.15,000/- per month for 4 to 5
months of treatment and alleged to have suffered from headache as
well as tooth pain. In the circumstances, the Impugned Order
requires to be inte
