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First Appeal No.817 of 2006. 5

13. It was further pleaded that the appellant had visited the hospital of the respondents on 23.2.2001 and thereafter she had come on 8.7.2001. She was referred to Dr. Naresh Bassi, M.S. Surgeon at Bassi Nursing Home, Ludhiana for Myomectomy operation for multiple fibroid in uterus. It was written by the respondents on the consultation slip that the appellant had expressed her inability to pay the operation fee, anaesthesia fee, private room charges and other necessary charges, the total of which was Rs.20,000/-. Therefore the respondents had requested Dr. Naresh Bassi to charge only a sum of Rs.10,000/- inclusive of all charges. It was repeatedly denied if the respondents had charged a sum of Rs.3 lakh from the appellant.

14. It was further pleaded that the appellant never visited the hospital of the respondents thereafter. However the respondents had gone through the report of Dr. Lal Pathlabs Pvt. Ltd. dated 20.8.2001 and multiple fibroids in uterus of the appellant were removed measuring .8 to largest of 4.5 cm X 3.2 cm with cut surface is greywhite whorled. The allegations of non-removal of tumour are thus false.

15. It was further pleaded that the respondents were supposed to start infertility treatment for conception of the appellant after the removal of fibroids in the uterus but the appellant never approached the respondents thereafter to get the treatment. The respondents had not charged any amount from the appellants. As per the report dated 11.8.2001 the multiple fibroids were removed and were sent for laboratory test in New Delhi on the reference of Dr. Naresh Bassi. It was denied if there was any medical negligence or deficiency in service on the part of the respondents. Dismissal of the complaint was prayed. Proceeding before the District Forum: