Per Sri A. Hazarath Rao,  President:-    

          The complainant filed this complaint u/s 12 of the CPA seeking refund of Rs.40,000/- towards expenses incurred by him in the hospital of the opposite party; Rs.2,00,000/- towards compensation and for costs.

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

          The complainant approached the opposite party in order to have treatment for his death.   After bargain, the cost of treatment for removal and replacing of required teeth was settled at Rs.30,000/-.    The complaint paid Rs.5,000/- on 23-07-12; Rs.10,000/- on 25-07-12; Rs.10,000/- on 03-08-12 and Rs.5,000/- on 28-08-12 mistakenly typed as 28-05-12.   The complainant incurred Rs.10,000/- towards medicines.   The opposite party orally guaranteed for the treatment given by him.  The complainant experienced severe pain as the opposite party did not fix the teeth properly.   The opposite party did not give proper response when the complainant approached him for his problem.   When the complainant approached the opposite party on 16-03-13, the opposite party called his staff and asked them to neck out the complainant.   Thereafter the complainant consulted another dentist and requested him to rectify the problem by way of better treatment.   None of the doctors agreed to give treatment to the complainant and further advised him to approach the opposite party only. The opposite party committed deficiency in service in not properly fixing the teeth and acted negligently.   The complainant got issued a notice on 04-05-13 demanding him to rectify the problem by replacing his teeth with good and proper material.  The opposite party though received notice and kept quite.   The complaint therefore be allowed.

3.  The contention of the opposite party in brief is hereunder:

          The complainant on 23-07-12 approached the opposite party for treatment of his death.   The opposite party though received Rs.30,000/- from the complainant from time to time.  The medical fees was Rs.5,000/- only and the rest of the amount was towards lab charges, metal teeth, polishing and finishing the metal teeth.  The opposite party on 28-07-12 fixed dental caps to the complainant as trial as the said dental caps correctly suited to the complainant.   The opposite party sent them to the lab for final finishing and polishing.  The opposite party on 04-08-12 fixed the dental caps right side and left side in the mouth of the complainant’s dental cavity.   The right side dental cap was clearly adjusted in the mouth but not the leftside.   The opposite party took measurement on left side and sent the said measurement to the concerned lab to prepare the cap.   The complainant came to the opposite party on 25-08-12.   Then the opposite party fixed the left side dental cap also and it was adjusted correctly.  The complainant satisfied with the treatment of the opposite party in fixing those dental caps and gave a letter about his satisfaction on the same day.  The opposite party advised the complainant not to take hard items like red gram, chicken bones for some days and required the complainant to come for every fifteen days for checkup.   The complainant approached the opposite party for subsequent medical checkup on 27-08-12, 17-09-12 and on 16-03-13.   The complainant never complained about the treatment given by the opposite party.   After receipt of legal notice the opposite party contacted the complainant on phone and required him to come once again for check up and if necessary for replacement of dental caps.   The complainant did not turn up though agreed initially and simply filed this complaint to have wrongful gain.   The opposite party did not commit any negligence in giving treatment to the complainant and fixing dental caps and as such there was no defective service.   Even now the opposite party is ready to give necessary treatment without charging any further amount, except for material expenses.  Rest of the allegations contra mentioned in the complaint are all false and are invented by the complainant to suit his case.   The complaint therefore be dismissed.

4.  Exs.A-1 to A-7 and Ex.B-1 were marked on behalf of complainant and opposite party respectively.

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

          1.  Whether the opposite party committed deficiency in service                                        in fixing dental caps negligently?

          2. Whether the complainant is entitled for Rs.2,00,000/- towards                          compensation?

          3.  Whether the complainant is entitled for reimbursement of                                 Rs.40,000/- towards treatment incurred by him towards                                        treatment and medicines?

          4. To what relief?

6.   POINTS 1 to 3:-    The complainant approached the opposite party on 23-07-12 to take treatment for his teeth (Ex.A-1).   The complainant paid Rs.30,000/- to the opposite party for the treatment and cost of artificial teeth (Exs.A-2 to A-5).   The complainant issued notice the opposite party who in turn

7.   POINT  No.1:- 

Typed to my dictation by Junior Steno, corrected by me and pronounced in the open Forum dated this the 29^th day of March, 2014.

MEMBER                                  MEMBER                               PRESIDENT

APPENDIX OF EVIDENCE

DOCUMENTS MARKED

For Complainant:

For opposite party:  

        PRESIDENT

NB:   The parties are required to collect the extra sets within a month after receipt of this order either personally or through their advocate as otherwise the extra sets shall be weeded out.