Child’s vision worsens as optical store mixes up lenses of spectacles, wins Rs 1 lakh payout

The District Consumer Disputes Redressal Commission, Howrah, has directed Himalayan Opptical (Bowbazar) to pay Rs 1 lakh compensation to a seven-year-old boy after it supplied spectacles with wrongly fitted lenses, which he wore with reversed lenses for nearly six months, causing an increase in the power of his left eye.

Commission president Sanjay Mukhopadhyay and member Lipika Ghosh were hearing the complaint filed by the boy, through his father, against Himalaya Opptical (Bowbazar) and Priyamvada Birla Aravind Eye Hospital over a spectacle supplied in July 2021 with the lenses allegedly fitted in reverse positions.

Optical store directed to compensate minor after supplying spectacles that did not match the prescribed lens placement. (Image generated by AI)

Background

• On July 17, 2021, the boy was examined at Priyamvada Birla Aravind Eye Hospital in Howrah district after experiencing vision problems.
• Doctors prescribed spectacles with specific lens powers and advised him to wear them regularly. Acting on the prescription, his family purchased spectacles from the store on July 28, 2021.
• The store charged Rs 8,753 for the spectacles and lenses supplied to the child who continued wearing the spectacles for months without knowing anything was wrong.
• During a follow-up eye examination on December 11, 2021, doctors advised a lensometer test. The test allegedly revealed that the left-eye lens had been fitted on the right side and the right-eye lens on the left side.
• The family thereafter approached the optical store and sought action for the mistake.

How error came to light

According to the complaint, the child was only seven years old when he began using the spectacles supplied by the store.

Being a young child, he could not properly explain any discomfort or visual difficulties he experienced while wearing them. The family therefore remained unaware that the lenses had allegedly been fitted in reverse positions.

The complaint stated that the child continued using the spectacles for nearly six months before the mistake came to light.

His father alleged that the incorrect fitting caused him to wear stronger power in one eye and weaker power in the other. The complaint further claimed that the left eye power increased during this period because of the wrongly fitted lenses.

The mistake was discovered during a follow-up eye examination.

The family also stated that doctors later advised the child to use an eye drop till adulthood.

According to the complaint, the medication was prescribed to help control any further increase in eye power.

Believing that the mistake had affected his son’s eyesight, the father sought compensation of Rs 10 lakh before the commission.

He also claimed litigation costs and sought accountability from the optical store for the admitted error.

Optical store’s response

The optical store contested the compensation claim but did not deny that a mistake had occurred during the preparation of the spectacles.

The store stated that it became aware of the wrong fitting only after the issue was brought to its notice months later.

The optical store apologised to the family and expressed willingness to provide all possible assistance. It also arranged a fresh pair of spectacles with corrected lenses at no additional cost to the complainant.

According to the store, the replacement spectacles were delivered to the complainant’s residence on January 25, 2022. However, the child’s father refused to accept the replacement and returned it to the optical store.

The father maintained that replacing the spectacles alone was insufficient considering the seriousness of the negligence involved. The optical store nevertheless argued that it had acted responsibly once the mistake was discovered.

Role of eye hospital

The eye hospital was also made a party to the proceedings before the commission. The hospital denied any negligence and asserted that it had merely examined the child and issued a prescription.

It argued that no relief had been sought against it and there was no allegation regarding any error in diagnosis.

The commission agreed that the dispute essentially concerned the preparation of the spectacles rather than the prescription itself.

As a result, the complaint was ultimately dismissed against the eye hospital.

Commission’s observations

The commission closely examined whether the wrongly fitted lenses had actually caused the increase in the child’s eye power.

It noted that no medical document had been produced to establish such a direct connection.

The bench observed that the follow-up prescription mentioned “Mixed Astigmatism (Increasing Myopia).” However, nowhere did the prescription state that the increase resulted from the wrongly fitted spectacles.

The commission further noted that myopia can develop due to genetic factors or lifestyle-related reasons. In the absence of expert evidence, the allegation regarding increased eye power could not be conclusively accepted.

At the same time, the bench found it significant that the optical store had admitted its mistake from the beginning. The members noted that the store apologised for the error and repeatedly expressed willingness to rectify it.

Despite the apology, the commission observed that the spectacles supplied were not in accordance with the doctor’s prescription.

Consumers, it said, are entitled to receive optical products that accurately match prescribed specifications. The commission therefore concluded that the store had clearly rendered deficient service to the complainant.

Relief granted

Allowing the complaint against the store, the commission awarded compensation of Rs 1,00,000 to the complainant.

The bench also directed the optical store to refund Rs 3,753 paid towards the defective spectacles. In addition, the commission awarded Rs 10,000 as litigation costs to the complainant.

The amounts were directed to be paid within 45 days from the date of the order. Failure to comply within the stipulated period would attract interest at the rate of 9 per cent per annum.

Significance

The ruling highlights that businesses dealing with vision-related products must exercise a high degree of care and accuracy. Even where medical harm is not conclusively established, supplying products that deviate from a doctor’s prescription can constitute deficiency in service.

The decision also underscores that an apology alone may not be sufficient when a consumer has received a defective service.

For consumers, especially parents of young children, the order reaffirms that service providers can be held accountable for avoidable errors affecting health-related products.

For consumer-related grievances, individuals may contact consumer helpline in their respective states (West Bengal helpline: 1800 345 2808) or call the National Consumer Helpline at 1915 for assistance.

(Written by Aparajita Prasad, intern at The Indian Express)