State Consumer Disputes Redressal Commission
G.Nagaraj vs Dr.Leelavathi on 2 July, 2022
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APPEAL No. 261/2021
Date of Filing : 17.03.2021
Date of Disposal :02.07.2022
BEFORE THE KARNATAKA STATE CONSUMER DISPUTES
REDRESSAL COMMISSION, BENGALURU (PRINCIPAL BENCH)
DATED: 02.07.2022
PRESENT
Mr K B. SANGANNANAVAR: JUDICIAL MEMBER
Mrs DIVYASHREE M: LADY MEMBER APPEAL NO.261/2021 Mr G.Nagaraj .
C/o Utakuru Narayanappa, Aged about 38 years, R/at Doddavadeenahalli Village, D.Palya Hobli, Gowribidanur Tq., Chikkaballapur District (By In person) Appellant
-Versus-
1 . Dr.Leelavathi .
Doctor, MCH Government Maternity Hospital, Gowribidanur Tq.
Chikkaballapur District
2. St.Thimmakka W/o Muddugangappa, Aged about 45 years, Asha worker, R/at Doddavadeenahalli (Hosapete) Village, D.Palya Hobli, Gowribidanur Tq. Chikkaballapur District
3. Taluk Administrative Health Officer Government Hospital, Gowribidanur Tq.
Chikkaballapur District Respondents 1 2 APPEAL No. 261/2021
-:ORDER:-
Mr K B. SANGANNANAVAR: JUDICIAL MEMBER
1. This Appeal is filed under Section 15 of Consumer Protection Act, 1986 aggrieved by the Order dated 15.02.2021 passed in Complaint No.12/2020 on the file of District Consumer Disputes Redressal Forum, Chikkaballapur (for short, the District Forum).
2. We examined the impugned order and grounds of Appeal.
3. The Appellant initiated complaint against Respondents alleging deficiency in service on the part of OPs which was contested by the Respondent in person.
4. The District Forum held an enquiry, wherein could see the wife of the Complainant Smt.Nagamani, who was aged about 26 years was admitted to D Palya Government Hospital, Gowribidadnur for her second delivery in an early morning at 3' O clock on 31.09.2020 as she had high BP, was shifted to Govt. Hospital Gowribidanur on 01. 10.2020 , was delivered against the willing of the complainant. As the child was not cried and told the Asha worker to treat the baby with Dr.Ravikumar and in-spite of that the said Asha worker brought them to Vanivilas Hospital, Bangalore and on the way at D Cross, mother suffered heavy pain in her stomach was screamed taken to nearby Columbia Hospital, where the medical officer attended her told she is dead. The District Forum on relying of judgment of Hon'ble NCDRC reported in 2018 (1) CPJ page 394, 2019 (1) CPR page-549, 2016 (1) CPJ page-521 and decision of Hon'ble Supreme Court reported in 2006 (4) CPJ (1) SC arrived at conclusion that to render substantial justice to complainant who has lost his wife, aged only about 26 years, could not be tried by the forum and thereby given liberty to him to approach competent court 2 3 APPEAL No. 261/2021 of law which in our view does not call for any interference.
Accordingly, Appeal is dismissed with no order as to costs.
5. Send a copy of this Order to the District Commission and the parties concerned, immediately.
Lady Member Judicial Member
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