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J.M.MALIK, S.M.KANTIKAR
CHITRANGINI RAMCHANDRA MUJMULE – Appellant
Versus
MANOJ JAIN – Respondent


Advocate Appeared:
For the Petitioner:Ms. A. Subhashini for Mr. Anubolu Venkateshwara Rao, Advocates.
For the Respondent:Mr. Arun Kumar Patil and Sanjeev Kumar, Mr. Wasi Haider, Advocate.

ORDER :

DR. S.M. KANTIKAR, MEMBER

1. The present Revision Petition has been filed before this Commission under Section 21(b) of the Consumer Protection Act, 1986 against the impugned order dated 5.11.2007 in Appeal No. 863/2007 and 965/2007 passed by the State Consumer Disputes Redressal Commission (in short, ‘State Commission’). The State Commission allowed both the Appeals filed against the order in Complaint No Consumer Complaint 238 of 2006 dated 22.5.2007 passed by the District Consumer Disputes Redressal Forum, (in short, ‘District Forum’).

2. The Complainant, Chitangini Ramchandra Mujmule (in short, ‘the patient’) on 25.11.2005, underwent Laparoscopic Sterilisation Operation (tubectomy) at Shri Sai Hospital, Madha owned by Dr. Abhay Lunawat and Dr. Sapna Lunawat (OPs-2 and 3). It was performed by Dr. Manoj Jain, the OP-1 who was a visiting surgeon coming from Solapur. About 6 months later the patient became pregnant; she visited the OP-3 Dr. Sapna on 2.5.2006 who confirmed it by doing Urinary Pregnancy Test (UPT). The OP-3 told the Complainant that because of two previous Caesar deliveries there was a danger to her health, therefore, OP-3 performed (MTP) abortion. As a mandator

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