Per Sri A. Hazarath Rao,  President:-

            The complainant filed this complaint u/s 12 of the Consumer Protection Act claiming reimbursement of Rs.7,000/- being value of the teeth; Rs.500/- being cost of medicines; Rs.60,000/- as compensation for inconvenience, pain and mental agony; Rs.2500/- being the cost of treatment and medicines in M/s Sibar hospitals; Rs.10,000/- towards costs of the complaint.

2.   In brief the averments of the complaint are these:

            The complainant approached opposite party for fixation of artificial teeth in place of missing teeth.  The opposite party impressed the complainant regarding his professional experience accuracy and expertise in the preparation of artificial teeth set.  The opposite party collected Rs.7,000/- from the complainant on 13-11-11 for preparation of artificial teeth.   The opposite party fixed artificial teeth to the complainant and the artificial teeth so fitted caused pain, swelling and soars in all parts of the mouth particularly at gum base.   The complainant experienced severe and serious problem for about two months.   During the said period the complainant was unable to take any food.   The complainant approached the opposite party for rectification or replacement.   The opposite party expressed his anger and abused the complainant in unparliamentary language and humiliated.   On 07-12-11 the complainant approached M/s Sibar Institute of Dental Services and got new teeth set prepared.  In that connection the complainant incurred Rs.2,000/- towards medical fees, medical expenses and preparation of new teeth.   M/s Sibar Institute of Dental services informed the complainant that he was not given proper guidance, medical advice and treatment besides defective preparation of artificial teeth.   The complainant suffered inconvenience cum discomfort, pain, suffering, mental agony and tension from October to November.  The opposite party did not give reply though received notice.   The complainant estimated his inconvenience, and suffering at Rs.60,000/-.   The opposite party thus committed deficiency of service.

3.   The opposite party remained exparte.

4.    Exs.A-1 to A-8 were marked on behalf of the complainant.

5.  Now the points that arose for consideration in this complaint are these:

1. Whether the opposite party fixed defective artificial teeth to the complainant?
2. Whether the complainant is entitled to compensation and if so to what extent?
3. To what relief?

6.     POINT No.1:-     Ex.A-5 is the certificate issued by M/s RK Multi Speciality Dental Clinic and it revealed that the opposite party collected Rs.7,000/- from the complainant for replacement of missing teeth in relation to all quadrants and complete denture done.   Exs.A-3 and A-4 are medical prescriptions.  Exs.A-6 and A-7 revealed that the complainant again took treatment at M/s Sibar Institute of Dental Sciences, Guntur. 

7.     The complainant at page 3 of his complaint mentioned the following:

            “On 07-12-11 the complainant approached M/s Sibar Institute of Dental Services and got a new teeth set prepared for the complainant and in that connection the complainant has incurred a sum of Rs.2,000/- towards medical fees, medical expenses for preparing new teeth set.

                        It is further submitted that the complainant has been informed at the Sibar Dental Institute of Dental Services that the complainant was not given proper guidance, medical advice and treatment apart from the defective preparation of the teeth set with reference to the requirements of the patient i.e., the complainant”.

            8.          Medical negligence cannot be presumed or inferred.  But it has to be proved either by literature or expert evidence.   To discharge his initial burden the complainant filed Ex.A-8 certificate dated 05-01-13 said to have been given by M/s Sibar Institute of Dental Sciences, Guntur.  The complainant filed Ex.A-8 on                     16-01-13.   Ex.A-8 was written by Dr. M. Pavan Kumar, final year PG student, Department of Prosthodontics, M/s Sibar Institute of Dental Sciences counter signed by the Head of the Department of Prosthodontics.   For better appreciation Ex.A-8 is extracted below:

                                    “This is to inform that Mr. D. Venkata Narayana with OP.No.422230 reported to department of Prosthodontics, Sibar Institute of Dental Sciences, Takkellapadu with chief complaint of completely missing teeth and unsatisfactory dentures on 13-12-12.

                   Hence we advised fabrication of new set of dentures.   We have fabricated new set of dentures and insertion of new complete dentures done and written post insertion instructions given to the patient.”    

9.         No where in Ex.A-8 it was mentioned that the opposite party did denture to the complainant in a negligent manner.   In addition to it the complainant filed              Ex.A-8 belatedly.          The date of treatment mentioned in Ex.A-8 and page 3 of complaint also differed not only in the year but also in the day and month.   The complainant neither filed case sheet from M/s Sibar Institute of Dental Sciences regarding his treatment nor summoned it.  Under those circumstances, the deficiency of service complained to have been done by opposite party cannot be ascertained.   Ex.A-8 in our considered opinion is not sufficient to infer negligence of the opposite party.   We therefore opine that the complainant miserably failed in establishing the negligence of the opposite party constituting deficiency of service and thereby answer this point against the complainant.

10.  POINT No.2:-   In view of above findings the complainant is not entitled to any compensation.  We therefore answer this point also against the complainant.

11.  POINT No.3:-   In view of above findings, in the result the complaint is dismissed without costs.

 Typed to my dictation by Junior Stenographer, corrected by me and pronounced in the open Forum dated this the 21^st of January, 2013.

            MEMBER                              MEMBER                                    PRESIDENT

APPENDIX OF EVIDENCE

DOCUMENTS MARKED

For Complainant  :

For opposite party :       NIL

                                                                                                                PRESIDENT