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I alongwith my husband went to Dr. Kochars chamber at OPD, Sir, Ganga Ram Hospital, New Delhi alongwith all the prescriptions/documents which I meticulously maintained in a form of a file on 3/3/1999. Cash Memo No.III6 dated 3/3/1999. A copy of the cash memo is placed below at Annexure No.1. On meeting at her chamber I started narrating the whole story. The moment I said that I suffered Ectopic pregnancy twice she abruptly stopped me and said I have understand your problem. I will suggest you to go for IVF which I regularly do here in this hospital. This hospital has an IVF laboratory for this purpose. I said, Doctor, before I think for IVF, I would request you to go through my papers and see, if there are any treatment/medicines which I might have missed and should have been given. She replied in negative, and insisted for IVF only. I was told that IVF was the only option left before me. I accepted her suggestion and decided to go for IVF because I desperately wanted to have a child. I was told by her that the expenditure will be around 65 to 70 thousand of Rupees in total. The amount was quite big for us and beyond our means and capacity. However, I decided to borrow from our friends and relatives.

Thereafter she asked me to come on 23-7-1999 and to go directly to IVF laboratory which is inside the hospital premises at first floor Room No.102 and 103. As instructed I reached the IVF lab on 23-7-1999 directly early in the morning. I found Dr. Kochar was not there. I was told that now onwards treatment will be given by the staff of the IVF lab only.

A lady nurse in uniform served me a chit bearing no number or signature of any doctor (annex-V) or stamp of the hospital, and asked me to deposit Rs.20,000/- at the cash counter of the hospital, enabling them to start the IVF process. I asked them to give details of Rs.20,000/- asked for. She said Rs.7,200/- is IVF charge, and the rest is the cost of medicines, required for the IVF as first lot. I said that the entire medicines will be purchased by me and will be provided, as and when asked, for. She said then you may deposit Rs.7200/- only. I deposited the amount on the same day i.e. 23-7-1999 (Annexure No. VI vide cash memo no.-129646 dated 23-7-1999. Then I was instructed to come on 2nd day of the period, at 8.30 a.m. My second day of the period, was on 2-8-1999. I reached IVF laboratory early in the morning as directed. From that day IVF process started. I was given three ampules of Matrodin injection and other medicines. A chart was provided for follicle monitoring. A prescription was given to me which does not bear the signature of Dr. Kochar. The same medicines were repeated upto 5th August, 1999. On 6th August, 1999 the medicines were changed. Ultrasound checkup was carried out to monitor the development of eggs for which the injections were administered, but I was never informed about the development of the eggs inspite of my repeated requests. Not only that I was not allowed to meet Dr. Kochar since 2-8-1999 the day one, when IVF process started. In fact all the medicines were administered by the nurses or lab technicians only.

I alongwith my husband tried to meet her several times during the last year, but she never gave us an appointment. I even went to the IVF lab for records. But nothing could be extracted from them. All the time we went there, it was told that the success rate of the IVF is only 15 to 20 per cent. Rest of the couples have to remain unsuccessful and you fall under the category.

I am totally at a loss as to what sort of relief I should pray for. How the opposite part will rectify my loss what I suffered. It is my bad luck that I cannot ask for from the opposite party to rectify or removal of deficiency in services. My loss is irreparable and permanent and cannot be done anything at this stage. I had spent all my money on IVF. I could not try or think for another IVF. I am now over age of IVF. Thus I will be deprived of becoming a mother during this life time. This is not a case of negligence by accident. This is a case of cheating. This is a case of playing with the sentiments of an innocent woman.

Para-4 It is a fact that I was incapable of conceiving normally before going to the respondent for treatment. It is also true that I and my husband was known about the fact that there was no guarantee of success of the procedure and also that of success rate of the IVF in different centres/hospitals of worlds most advanced countries as well as in Indian hospitals where IVF tests are conducted at various States. At the same time this was also a fact that I was within the age limit for IVF. I was patent physically for conceive. My husband was examined by Dr. Gaur and according to her report(which is doubtful) clearly indicates that his semen was absolutely good in all manners, capable to fertile my body eggs. All these points only indicate that had the process been conducted faithfully, there were definitely good chances of my conceiving. There are strong reasons exist which leads to the conclusion that negligence and callousness on the part of Dr. Kochar resulted in failure the IVF process. I strongly reiterate my allegation that Dr. Kochar knew about the developments of infection which had developed at some point of time during the process and also about the fact that the IVF is not going to be resulted in success. But Dr. Kochar preferred to go ahead simply to complete the IVF process so that she could claim her fees and hospitals charges for the IVF process. The doctor should have stopped the IVF process the moment she came to know that I have some infection and could have deffered the date of ET. The crucial ET could have been done at a later cycle after treating me, for the infection which could have resulted in success.