MANJIT SINGH Vs. CIVIL HOSPITAL
LAWS(NCD)-2020-1-13
NCDRC
Decided on January 16,2020

MANJIT SINGH Appellant
VERSUS
Civil Hospital Respondents

JUDGEMENT

PER DR.S.M.KANTIKAR, PRESIDING MEMBER ,J. - (1.) This is a case of failure of sterilisation (tubectomy) in the 1990s, conducted in Civil Hospital, Payal, District Ludhiana, a government hospital.
(2.) The brief facts are that one Mrs. Baljinder Kaur, the patient, the petitioner no. 2 herein, wife of one Mr. Manjit Singh, the petitioner no. 1 herein, underwent tubectomy procedures on 23.09.1994 and 27.02.1998. The procedures were unsuccessful. The first unsuccessful procedure in 1994 necessitated an abortion. The second unsuccessful procedure in 1998 resulted in the birth of a male child in 2003. There is, but, nothing on record to show that some adverse medical condition accrued to the patient as a result of the failed tubectomy procedures.
(3.) A complaint was filed before the District Forum in 2004. The District Forum vide its Order dated 20.01.2005 dismissed the complaint in limine on maintainability, holding that the complainants were not 'consumer'(s) under the Act 1986 as the services for sterilisation conducted at a general government hospital were free. An appeal was filed before the State Commission in 2005. The State Commission vide its Order dated 03.02.2011 similarly dismissed the complaint on maintainability.;


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