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2022 Supreme(SC) 1629

HEMANT GUPTA, SUDHANSHU DHULIA
Civil Hospital – Appellant
Versus
Manjit Singh – Respondent


Advocates appeared:
Ms. Ranjeeta Rohatgi, Advocate, For the Appellant / Ms. Nupur Kumar, Advocate, Ms. Diksha Dadu, Advocate, Ms. Asha Gopalan Nair, Advocate, For the Respondent.

ORDER

1. Leave granted.

2. The challenge in the present appeal is to an Order passed by the National Consumer Disputes Redressal Commission (NCDRC) on 16th January 2020, whereby, the Revision filed by the respondent herein was allowed with direction to pay compensation as per the guidelines of the State to the respondent.

3. As per the facts on record, Ms. Baljinder Kaur, respondent No. 2 underwent tubectomy procedure on 23rd September, 1994 and 27th February, 1998. Both the procedures remained unsuccessful. The respondent gave birth to a male child in the year 2003. The respondent filed a complaint before the District Consumer Disputes Redressal Forum alleging medical negligence on account of failed tubectomy surgery. The same was dismissed on 20th January, 2005 on the ground that the respondent is not a consumer. The said order was affirmed in an appeal by the State Consumer Disputes Redressal Commission on 3rd February, 2011. The stand of the appellant is except nominal registration charges, no amount was to be charged from the present respondent.

4. It was in Revision, the NCDRC set aside the orders passed by the District Consumer Disputes Redressal Forum and the State Consumer Dis

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