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D.K.JAIN, SHREESHA
SULOCHANA LAD - APPELLANT – Appellant
Versus
MOHAN GERRA – Respondent


Advocates Appeared:
Mr. Jawahar Raja, Mr. Gautam Bhatia and Ms. Nilhya Rajshekhar, Advocates, for the Appellant; Proceeded ex parte vide order dated 27.10.2009, for the Respondent No. 1; Mr. Chinmoy Khaladkar, Mr. Manu Beri and Mr. Rahul Soman, Advocates, for the Respondent No. 2

ORDER

Mr. Justice D.K. Jain President. - The Complainant has preferred this First Appeal, under Section 19 of the Consumer Protection Act, 1986 (for short "the Act"), questioning the correctness and legality of the order dated 12.4.2007, passed by the Maharashtra State Consumer Disputes Redressal Commission (for short "the State Commission"), in Consumer Complaint No. 237 of 1997. By the impugned order, the State Commission has come to a conclusion that there was no medical negligence on the part of the Opposite Parties, as alleged against them a 1 has thus, dismissed the Complaint. Opposite Party No. 1, Respondent No. 1 herein, was the owner of a Blood Bank and Opposite Party No. 2, Respondent No. 2 in this Appeal, is the Doctor, who had performed the Caesarean Section on the Complainant.

2. The Complainant is married to one Chandrakant Lad. On 6.5.1993, she gave birth to a female child. Ln the year 1996, for her second delivery, she consulted Respondent No. 2, (for short "the Treating Doctor"). On 17.7.1996, she was subjected to routine blood tests including Enzyme Linked Immunosorbent Assay (ELISA) test for HIV I and HIV II antibody, which were all negative. On her visit to the Tr

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