K.SAMPATH, J. - (1.) The opposite parties in C.O.P.No.142/97 on the file of the District Consumer Disputes Redressal Forum, Salem, are the appellants herein. Though they filed their version, they did not further participate in the proceedings they were called absent and set ex-parte when the case was posted for arguments as last chance. The District Forum has recorded it and has further observed that the case has been decided after perusing the case records and final order came to be passed on 30/11/2001.
(2.) The grievance of the complainant was that she underwent family planning operation with the opposite parties. The operation admittedly was not successful and the complainant conceived. According to the opposite parties, they had performed the operation in the conventional way and there was likelihood of family planning operation ending in failure in 1 to 2% of cases and the complainant's case was one such.
(3.) The District Forum found that there was negligence on the part of the doctors in performing the said family planning operation on the complainant. Holding thus, the District Forum allowed the complaint.;