M.THANIKACHALAM J. - (1.) The Respondent as complainant filed a complaint before the District Forum against the Appellants/opposite parties praying for the direction to the opposite parties to pay Rs.3,25,000/- as compensation to the complainant and to pay the cost. The District Forum allowed the complaint, against the said order, this appeal is preferred praying to set aside the order of the District Forum dt.14.03.2007 in C.C.65/2005. This appeal coming before us for hearing finally on 07.04.2011, upon hearing the arguments of the either counsel and perused the documents, as well as the order of the District Forum, this Commission made the following order: The opposite parties are the appellants.
(2.) Facts leading to this appeal:- The respondent/complainant after second delivery in the Government Hospital on 26.12.2003, having decided for family planning, underwent tubectomy operation, which was performed by the first opposite party, for which, a certificate was also given, assuring there would be no further pregnancy thereafter. But, contrary to the undertaking given, within a short period after tubectomy operation, the complainant conceived, resulting further expenses as well unwanted baby, thereby causing mental agony, and other expenses, for which, though the complainant is entitled to a sum of Rs.5 lakhs, it is restricted to Rs.3,25,000/-. Thus claiming, a consumer complaint was filed before the District Forum, Tirunelveli.
(3.) The opposite parties admitting the tubectomy operation conducted in the Family Welfare Department of Government Hospital, at Sankarankovil, after the second delivery, resisted the complaint, contending that there was no failure or negligent act, on the part of the first opposite party, that even before the tubectomy operation, it was explained to the complainant, that there is possibility of failure of tubectomy operation, despite careful and successful operation, that the complainant is not a consumer and the case itself is not maintainable, thereby, praying for the dismissal of the complaint.;