DEEP RAM (HUSBAND OF BHAJJI DEVI) SON OF PRITAM SINGH Vs. STATE OF HIMACHAL PRADESH AND ORS
LAWS(HPCDRC)-2009-5-3
HIMACHAL PRADESH STATE CONSUMER DISPUTES REDRESSAL COMMISSION
Decided on May 08,2009

Deep Ram (Husband Of Bhajji Devi) Son Of Pritam Singh Appellant
VERSUS
State Of Himachal Pradesh And Ors Respondents

JUDGEMENT

- (1.) THIS appeal is directed against the order of District Forum, Shimla, in Consumer Complaint No. 439/2002 dated 4.6.2008 whereby District Forum below has dismissed the complaint.
(2.) FACTS of the case that emerge from the complaint file are that Deep Ram husband of Smt. Bhajji Devi filed complaint before the District Forum below under Section 12 of Consumer Protection Act, 1986 wherein grievance made by him was that his wife Smt. Bhajji Devi was operated for family planning operation on 21.12.2001 at respondent No. 2 she was discharged on the same day. Further allegations made in the complaint were, that on 24.6.2002 wife of the appellant went to Kamla Nehru Hospital, Shimla for medical check -up where several tests were conducted upon her by the hospital authorities, when it was revealed that she was pregnant and he was informed by the doctor that his wife was having 26 weeks child in her womb. She gave birth to a male child on 30.8.2002. In this background it was alleged that there was negligence on the part of doctor/respondent No. 2 in conducting the family planning operation. This being a case of deficiency in service, on the part of the doctor of respondent No. 2, he claimed damages to the tune of Rs. 4.50 lacs in the complaint.
(3.) THE version of the respondents while contesting the complaint was that laparoscopy sterilization operation was conducted on the wife of appellant Bhajji Devi on 21.12.2001 at Kamla Nehru Hospital, Shimla and due care was taken in conducting the same. Their further stand in the reply was, that as per medical literature there are chances of failure of operation ranging from 0.2% to 0.6%, as such negligence cannot be attributed on the part of the respondent No. 2. Further it was pleaded, that the appellant had signed the consent form and there is recital in the consent that there are chances of failure of the operation and in case there is failure of operation, then the Government hospital/operating surgeon will not be held responsible. The brief resume of evidence led by the parties in nutshell is, that appellant Deep Ram in his filed affidavit in support of his claim besides placing on record the discharge slip Annexure C -l which relates to admission of his wife Smt. Bhajji Devi in the KNH, Shimla on 21.12.2001. Annexure C -2 is the outdoor patient ticket slip, Annexure C -3 is X -ray Form, Annexures C -4 and C -5 are the copies of birth certificates, Annexure C -6 is certificate issued by Pardhan and Assistant Secretary, Gram Panchayat Kakaras, Tehsil Shillai, Distt. Sirmaur. Respondents have placed on record evidence by way of affidavit of Dr. Ritu Sarin and Dr. Koshla Pathania, and have also relied on Annexure R -l, copy of the consent for operation and application of sterilization/consent.;


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