ORDER

The present Revision Petition has been filed under Section21(b) of the Consumer Protection Act, 2019 (the “Act”) against impugned order dated 24.09.2015, passed by the State Consumer Disputes Redressal Commission, Gujrat (‘State Commission’) in First Appeal No. 1673 of 2013. In this appeal, the Respondent/OP appeal was allowed, thereby setting aside the Order dated 10.07.2013, passed by the District Consumer Disputes Redressal, Anand (District Forum”) in CC No. 246 of 2010, wherein the Complaint was allowed.

2. For convenience, the parties are referred to as per positions in the Consumer Complaint before the District Forum. Mrs Parulben Shaileshbhai Chunara is the Complainant and Dr. Vinay kumar C. Sinh, Maltidevi Maternity Hospital is Opposite Party (OP) doctor.

3. In brief, the Complainant, who was pregnant, was under care of the OP doctors from the beginning. Upon admission for delivery to OP hospital on 24.04.2010, she experienced pains on the following day and was taken to labor room. During delivery inexperienced assistants and nurses used inappropriate language and threatened her. After a difficult delivery, the baby boy was born. However, she suffered excessive bleeding and was not moved from the room for two hours. She was later given anesthesia due to ongoing issues. The OP doctor instructed her relative to arrange three bottles of blood immediately due to the Complainant’s condition. During delivery, her uterine vein was cut, leading to significant bleeding and extreme pain. The tearing of uterus vein occurred due to excessive pressure applied by OP Doctor while attempting delivery by vacuum method. Consequently, the OP doctor called for an ambulance and informed Dr. Swatiben of Krishna Hospital, Karamsad, about the necessity of an operation. She was admitted to Krishna Hospital on 25.04.2010, where she underwent surgery. She subsequently spent a month in ICU and 15 days in a general ward before receiving further treatment at another hospital for 1½ months. She alleged negligence on the part of the OP hospital where she was initially admitted, stating that due to the severed vein and heavy bleeding, immediate transfer to Krishna Hospital was done. She incurred Rs.3,25,834/- expanse at Krishna Hospital. Also, she suffered mental agony as her uterus was removed, impacting her ability to conceive again. Consequently, she filed CC No. 246 of 2010 before the District Forum, seeking Rs.10,00,000/- in compensation with 12% interest, Rs.3,25,834 for medical expense @ 12% interest and litigation costs.

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4. In reply before District Forum, the OP Doctor contended that the Complainant had been receiving regular treatment at OP hospital since 05.10.2009, during her pregnancy. She was admitted to the hospital for delivery on 24.04.2010, at 7:30 PM, with high BP (160-120), leg swelling and low blood levels. The OP initiated treatment and medication to prevent contractions and facilitate cervical dilation. Labor pains commenced on 25.04.2010, prompting the Complainant’s transfer to the delivery room, with her father duly informed of the situation. Following medical protocol, the baby boy was delivered after necessary efforts, with all medications duly recorded in the case papers. Due to the baby’s slow heart rate (1m/20), cesarean delivery was recommended, but the Complainant’s father declined, leading to the use of a vacuum to expedite delivery, which was successful, with the baby crying after three minutes. After delivery, the Complainant experienced bleeding, for which Dr. Jatin Patel was summoned to administer anesthesia and medication to control it. Subsequently, she was transferred to Krishna Hospital after blood transfusion giving B-Negative blood, with advance arrangements made for blood bottles. The OP asserted that the uterine vein was not severed during delivery. The bleeding was due to vacuum’s inadvertent attachment to the thick uterine wall due to the Complainant’s movement and high blood pressure. She was