Decided on August 26,2020

Shabnam Jamila Appellant
Al-Shifa Hospital Respondents


- (1.) The complainant and the opposite parties both have challenged the order dated 28.10.2014 passed by the U.P. State Consumer Disputes Redressal Commission Lucknow in First Appeal Nos. 843 of 2010 and 921 of 2010 by way of the two revision petitions No. 1590 of 2015 and 356 of 2015.
(2.) Brief facts of the case are that the complainant who was pregnant got herself checked up in July 1995 in the hospital i.e. the OP under Dr. Sushma Tripathi. After October, the complainant got herself checked up by Dr. Shabana Jamal (OP no.1) and her associate (OP no.2) as Dr.Sushma had left the said hospital. The complainant was informed by the doctors that her pregnancy was normal and for the mild pain in the head, she was given pain-relieving tablets. On 15.12.1995 the complainant was admitted to the hospital by her family members and they have assured a normal delivery. After some time, the staff informed the family members that the complainant gave birth to a male child and some medicine will be required for the health of the child. On 16.12.1995, OP obtained the signatures of the guardian of the complainant on a blank paper and handed over the child saying that the dead child was born. The complainant's condition was serious and therefore, after getting discharged, she was taken to Krishna Hospital, which referred her to B.H.U. Hospital where she was treated from 17.12.1995 to 13.01.1996. The complainant through doctors of B.H.U. came to know that the doctor of the hospital (OP no.1) had removed her uterus and now she cannot give birth to a child. Aggrieved by the act of negligence by OPs, the complainant filed the complaint before the District Forum.
(3.) The District Consumer Disputes Redressal Forum, Mau ('the District Forum) vide its order dated 03.05.2010 had partly allowed the complaint and directed OPs to pay a sum of Rs.20,000/- the amount spent on treatment and Rs.20,000/- as compensation for mental harassment to the complainant.;

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