ORDER :

Leave granted.

1. This appeal arises out of an order dated 12th January, 2009 passed by the National Consumer Disputes Redressal Commission. The facts giving rise to the impugned judgment have been set out in the order passed by the National Commission. We, therefore, need not repeat the same over again.

2. Suffice it to say that the respondent had made a claim for payment of compensation against the appellant-Scan centre on account of alleged deficiency in service inasmuch as the Centre was not in a position to accurately detect the limb reduction deformity of a child that was in the womb of the respondent-claimant at the relevant time. The complaint filed by the respondent alleged that the deformity in question could have been cited by the doctor conducting the ultrasound but was not so detected on account of negligence on his part. The State Commission accepted that version and awarded a sum of rupees five lakhs to the complainant holding that there was indeed a deficiency in the service provided by the centre.

3. The National Commission dismissed the appeal preferred by the centre and upheld the award made against it. The National Commission held that the fetus had only a s