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2008 Supreme(SC) 70

B.N.AGARWAL, P.P.NAOLEKAR, R.V.RAVEENDRAN
Samira Kohli – Appellant
Versus
Dr. Prabha Manchanda – Respondent


judgment

Raveendran, J. —

This appeal is filed against the order dated 19.11.2003 passed by the National Consumer Disputes Redressal Commission (for short ‘Commission’) rejecting the appellants complaint (O.P. No.12/1996) under Section 21 of the Consumer Protection Act, 1986 (Act for short).

Undisputed facts

2.On 9.5.1995, the appellant, an unmarried woman aged 44 years, visited the clinic of the first respondent (for short the respondent) complaining of prolonged menstrual bleeding for nine days. The respondent examined and advised her to undergo an ultrasound test on the same day. After examining the report, the respondent had a discussion with appellant and advised her to come on the next day (10.5.1995) for a laparoscopy test under general anesthesia, for making an affirmative diagnosis.

3.Accordingly, on 10.5.1995, the appellant went to the respondent’s clinic with her mother. On admission, the appellant’s signatures were taken on (i) admission and discharge card; (ii) consent form for hospital admission and medical treatment; and (iii) consent form for surgery. The Admission Card showed that admission was ‘for diagnostic and operative laparoscopy on 10.5.1995". The consent form








































































































































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