ORDER

Subhash Chandra, Presiding Member—This Appeal under section 19 of the Consumer Protection Act, 1986 (for short “the Act”) challenges the order dated 14.05.2012 of the Kerala State Consumer Disputes Redressal Commission, Thiruvananthapuram (in short “the State Commission”) in Complaint No.7 of 2006 dismissing the complaint alleging medical negligence.

2. The brief facts of the case are that appellant no.1’s wife, Manju (deceased), was admitted on 20.05.2004 for her second delivery in the respondent no.1/ hospital as an inpatient. The hospital conducted a detailed check-up of the deceased on 21.05.2004 and found that the deceased was healthy and decided to conduct a caesarean operation after going through all the previous medical records of the deceased. The caesarean operation was conducted on 22.05.2004 at around 12.50 pm using spinal anaesthesia and appellant no.3 was born around 01.03 p m. Appellant alleges that during the caesarean operation neither the general surgeon nor a senior gynaecologist were present. After the operation, appellant no.1 informed that the deceased was not feeling well and was having breathing problems. On 23.05.2004, appellant no.1 again informed re