State Consumer Disputes Redressal Commission
The Director,Dr.Suresh,Md.Manju ... vs R.S.Jeeva,Kanyakumari Dist. on 7 December, 2015
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IN THE TAMILNADU STATE CONSUMER DISPUTES REDRESSAL COMMISSION,
MADURAI BENCH.
Present: Thiru.A.K. ANNAMALAI, M.A.M.L.,M.Phil., Presiding Judicial Member.
Thiru.M.MURUGESAN, B.Sc, B.Ed., Member
F.A.No.177/2012
(F.A.No.665/2011 on the file of State Consumer Disputes Redressal
Commission, Chennai)
(Against the order in C.C.No.07/2008 dated 17.05.2011 on the file of DCDRF,
Kanyakumari District @ Nagercoil.)
THIS MONDAY THE 07th DAY OF DECEMBER 2015.
Dr. Suresh, M.D.,
The Director,
Manju Nursing Home,
Marthandam,
Kanyakumari District. Appellant/Opposite Party
Vs
R.S. Jeeva,
W/o, K.P.Prinkumar,
Kulathuvilai,
Painkulam Post,
Kanyakumari District. Respondent/Complainant
Counsel for Appellant/Complainant : Mr.B. Cheran, Advocate.
Counsel for Respondent/Opposite Party : Mr.S. Natarajan, Advocate.
This appeal coming before us for final hearing on 09.10.2015 and on hearing
the arguments of both sides and on perusing the material records this Commission
made the following:
ORDER
THIRU. A.K.ANNAMALAI, PRESIDING JUDICIAL MEMBER.
1. The opposite party is the appellant.
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2. The complainant had undergone sterilization operation after second child birth at the opposite party hospital on 05.06.2004 and subsequently in the month March 2007 she came to know that she become pregnant because of failure of the sterilization operation on 05.06.2004 and thereby alleging negligence filed the consumer complaint claiming Rs.50,000/- as compensation for mental agony and Rs.14,014/- towards expenses for medical treatment on 29.03.2007 at the opposite party hospital and for costs.
3. The appellant/opposite party denied the allegations contended that the complainant had undergone by Bilateral tubal legation, Modified Pomeroy's Technique sterilization and it was not assured or promised 100% guarantee for future pregnancy which was informed to the complainant and in the consent form complainant and her husband signed. On 29.03.2007 the complainant was admitted for Ruptured Ectopic Tubal Pregnancy and she was given treatment for Left Saipingectomy and discharged on 30.03.2007. For the stoppage menstrual cycle on 23.01.2007 she came to hospital only 29.03.2007 and having treatment in various hospitals before date and not followed advice as per consent letter. The appellant did not make any abortion and performed surgery only for Ruptured Ectopic Tubal Pregnancy sterilization operation under Modified Pomeroy's Technique there was possibility of 0.1% to 0.3% failure as per International standards and there is no deficiency in service and negligence on their part.
4. On the basis of both sides materials and after an enquiry, the District Forum has allowed the complaint in part by directing the opposite party to furnish the 3 duplicate copy of the sterilization operation record certificate and also to refund of Rs.13,112/- towards the medical expenses paid by the complainant on 29.03.2007 and also to send all the records to the Government to the concerned authorities within two months in default to pay Rs.20,000/- as compensation and Rs.1000/- as costs.
5. When the appeal was taken up for arguments for final hearing both of them not come forward to submit their oral arguments and the appellant has filed written arguments and on the basis of the same and upon perusal of materials in this regard the order being passed on merits.
6. It is the admitted the case of both sides that the complainant already having two children had undergone sterilization operation at the opposite party's hospital and subsequently it is alleged that she had become pregnant and thereby claiming reliefs. The appellant contended that as per the procedure under the Bilateral tubal legation, Modified Pomeroy's Technique method the sterilization operation was conducted which was not 100% sure to avoid pregnancy due to various reasons and it was not promised or assured to the complainant at the time of performing such surgery for which they have signed the consent form which was not disputed by the complainant it is also well known that in the case of sterilization operation by way of Modified Pomeroy's Technique method 100% success cannot be assured and there may be possibility of 0.1% to 0.3% for failure and in this case the opposite party contended when the complainant approached for the alleged pregnancy on 29.03.2007 he had performed only Ectopic surgery was done and no abortion was performed and it was only to rectify the Ruptured Ectopic Tubal Pregnancy, and denied the receipt of Rs.10,000/- . 4 The District Forum having considered all the materials and depending upon the receipt under Ex.A7 and under Ex.A8 bills for the medical expenses for Rs.13,112/- directed the opposite party to refund to that amount and also directed to give certificate for the surgery done on 05.06.2004 and 29.03.2007 for laparoscopy surgery and to refund the amount of Rs.13,112/- and to submit relevant records to the concerned authorities for the purpose of claiming compensation through the Government for the failure of sterilization surgeries to claim benefits under Government scheme the Government providing relief and only in case of default alone the opposite party was directed to pay a sum of Rs.20,000/- and thereby we are of the view by considering the facts and circumstances of the case that there is no error or infirmity in the order passed by the District Forum and in view of the same we are of the view that the appeal to be dismissed as devoid of merits and accordingly,
7. In the result, the appeal is dismissed by confirming the order of the District Forum, Kanyakumari District @ Nagercoil passed in C.C.No.07/2008, dated 17.05.2011.
However, with directions to the appellant/opposite party to comply the directions of the District Forum award within six weeks from the date of receipt of copy of this order if they are not already complied. No order as to costs in this appeal.
Sd/-xxxxxxxxxx Sd/-xxxxxxxxxx
M.MURUGESAN, A.K.ANNAMALAI,
MEMBER. PRESIDING JUDICIAL MEMBER.
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INDEX: YES/NO
AMS/Mdu.Bench/Orders-2015/Dec.