Decided on March 08,2010

Sood Nursing Home And Anr Appellant
Sonika Jamwal And Anr Respondents


- (1.) BOTH these appeals are directed against the order passed by District Forum Kangra, at Dharamshala in Consumer Com -plaint No. 202/2004, dated 7.4.2006, as such these were heard together and are being disposed of by this order.
(2.) BRIEF facts necessary for deciding both these appeals are: Smt. Sonika Jamwal, hereinafter to be referred to as the "complainant" insti -tuted a complaint against Sood Nurs -ing Home through its Prop. Dr. Manoj Sood and Dr. Mrs. Rashmi Sood, here -inafter to be referred to as "OPs No.1 and 2 respectively" as well as against the New India Assurance Company, here -inafter to be referred to as "OP No.3."
(3.) ON 29.4.2003 complainant delivered a male child in the nursing home of OPs No. 1 and 2. It was a normal delivery undertaken by OP No. 2. For smooth delivery episiotomy was done by the said OP. Both the OPs No.l and 2 charged Rs.3,900 as fee for rendering service. This amount was paid by her hus -band who is a medical representative as is known to both the OPs. Complainant vis -ited OP No.l clinic on 6.5.2003 when stitches were removed. Annexure CI is the discharge slip -cum -treatment chart, Annexure C2 is the prescription slip of the medicine pre -scribed on 6.5.2003. After 6.5.2003 complain -ant never visited OP No.l till 19.6.2003 and complained of discharge from the episiotomy site. This according to her was initially wa -tery, but after 1 -2 days it was found to be frank pus. Despite her having visited the OP No.l clinic on 19.6.2003, the discharge from the episiotomy site did not stop Her com -plaint was ignored by OPs No.l and 2. In these circumstances, because of the suffering from infected episiotomy on ac -count of discharge etc., she was compelled to undergo treatment at Civil Hospital, Palampur. Discharge slip issued by the Palampur Civil Hospital is Annexure C3. It has been issued by Dr. Sushma Sood, who was working as Medical Officer in the said hospital and had treated the complainant. As per this discharge slip primary disease found was, "infected episiotomy with sinus track to IRP". According to this doctor, the complainant had come to her OPD on 21.8.2003 with complaint of pain of epi -siotomy wound. She advised her to come on 25.8.2003, when she was admitted and was kept for EUA (Examination Under Anesthe -sia), on the same day after necessary preop -erative examination of episiotomy was done under local anaesthesia. Exploration of the wound was also done as per Annexure C3.;

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