A.K.ANNAMALAI J. - (1.) The Appellant as complainant filed a complaint before the District Forum, Coimbatore, alleging deficiency against the opposite parties to pay Rs.9,00,000/- towards compensation, to pay a sum of Rs.10,000/- towards cost of the proceedings. The District Forum, dismissed the complaint against the opposite parties. Against the said order, this appeal is preferred by the complainant, praying to set aside the order of the District Forum, Coimbatore, dated 19.02.2008 in C.C.No.61/2005. This appeal coming before us for hearing finally on 31.03.2011, upon hearing the arguments of the counsel on both sides, and perused the documents, written submissions as well as the order of the District Forum, this Commission made the following order :- The unsuccessful complainant is the appellant.
(2.) The appellant/complainant filed a complaint praying for the relief of directing the opposite parties to pay a compensation of Rs.9,00,000/- and Rs.10,000/- towards costs for the wrong sterilization operation conducted on the complainant which caused the complainant to give birth a child.
(3.) The details of the complaint in brief are as follows :- The complainant undergone a sterilization operation along with termination of two months pregnancy at the 1 to 3 opposite parties hospital, on 18.6.02 and the operation was done by the opposite parties 1 to 3. Subsequently after discharge on 25.6.02, on 16.9.02 when the complainant approached to private doctor and on taking scan it was found that she was conceived and having 18 to 19 weeks pregnancy and shocked by the same as the advance condition of the pregnancy she could not opt for abortion and delivered a male baby on 12.2.03. Because of the opposite parties 1 to 3 careless and negligent act she was forced to give birth unwanted baby thereby she claims compensation for Rs.8,00,000/- towards cost of bringing child and Rs.1,00,000/- for mental agony and sufferings. She has sent notice to the opposite parties on 13.11.02 and the 2nd opposite party alone sent a reply on 22.11.2002 stating that she was not liable.;