- (1.) THIS complaint is filed by Smt. Minaben Natwarlal Darji "Kapadia" against Dr. Bhargavi Gupta for deficiency in service and negligence in the medical treatment. Complainant asks for compensation of Rs. 7,00,000 with 18% interest (Complaint Page 9).
(2.) COMPLAINANT states that she has 3 daughters aged 10, 7, 4 years of age. Opponent is specialist in diseases of women, pregnancy and infertility. Opponent also runs Sonography Clinic. Opponent gives her services on payment of charges and thus under Consumer Protection Act Section 2(1) they are covered.
(3.) COMPLAINANT had pregnancy of 3 months and had gone to opponent (Dr. Gupta) for treatment. On inquiry by opponent Doctor complainant had shown desire for male child. On 29.5.1997 sonography was done, pregnancy of 21/2 months and female foetus was diagnosed and was "asked" to get the abortion done. Complainant paid charges for services; complainant was called on 1.6.1997 for abortion by opponent doctor and was assured of no harm. Complainant was operated by opponent Dr. Gupta with Anaesthetist Dr. Dilip and had charged Rs. 5,000. Minaben was kept as indoor patient till 5.6.1997 and was charged Rs. 2,400. Dr. Gupta also had charged Rs. 1,500 for consultation and sonography. Inspite of asking receipt was not given. Minaben alleges that because of negligence in operation she needed 2 bottles blood transfusion. Patient was discharged home on 5.6.1997. Patient had continued to bleed at home and developed pus in uterus. Minaben went to Dr. Gupta on 8.6.1997, but was sent home saying such things happen after operation. She has shown negligence. Since the bleeding continued Minaben went to Dr. Ramprakash R. Kothari on 13.6.1997, who examined her and because of her serious condition and bleeding referred her to V.S. Hospital where she was admitted. Bleeding continued. Minaben says that because of her operation done negligently by Dr. Gupta, she had rupture in uterus and had bleeding from mouth and in the stool. She was operated on 16.6.1997 at V.S. Hospital and this was necessitated by negligence of Dr. Gupta in the operation that she did and left "bad things" in the uterus during operation, also because of unsterile instruments, she needed immediate operation (page 5). She also lost capacity to bear child (page 5). She also lost opportunity to bear male child. She was kept as indoor patient in V.S. Hospital till 17.7.1997. She spent 6 to 7 thousand rupees for operation in V.S. Hospital. Minaben says that inspite of asking Dr. Gupta did not give case papers or money receipts. She needs looking after by her husband, father and family members leaving their business and that has caused monetary loss. She gets pain and finds it difficult to do household work (page 7). She had developed fear complex and has hired services of maid servant. Minaben has incurred huge expenses and still she is under treatment and has to incur expenses. Minaben alleges further that Dr. Gupta gave us wrong explanation and committed crime of female foeticide.;