IMPORTANT POINT
Medical Negligence – Methods of sterilization / tubectomy are not 100% safe and secure.

ORDER

Kumkum Rani, President.—These three appeals filed under Section 15 of the Consumer Protection Act, 1986 have been directed against the impugned judgment and order dated 30.01.2020 passed by learned District Consumer Disputes Redressal Forum, Haridwar (hereinafter to be referred as “The District Commission”) in consumer complaint No. 305 of 2017, styled as Smt. Babita Vs. Chief Medical Officer, Haridwar and others, wherein and whereby the consumer complaint was allowed and the opposite party Nos. 2 to 4 to the consumer complaint, i.e., Manager, Metro Hospital and Heart Institute; Dr. Tarushree and Manager, The Oriental Insurance Company Limited respectively, were directed to pay an amount of Rs. 2,00,000/- to respondent No.1 / complainant - Smt. Babita towards treatment expenses and delivery expenses etc. together with Rs. 10,00,000/- towards nurturing & education of the child born after sterilization operation and Rs. 1,00,000/- towards mental agony, in all, Rs. 13,00,000/- along with interest @6% p.a. from the date of filing of the consumer complaint, i.e., 14.11.2017 till actual payment. The consumer complaint was, however, dismissed against opposite party No. 1 - Chief Medical Officer, Haridwar. Since all the appeals are arisen out of same impugned judgment and order, hence these are decided together by this order. For the sake of convenience, the parties to these appeals are referred in the manner, as they were impleaded in the consumer complaint filed before the District Commission.

2. The brief facts are as such that the complainant - Smt. Babita had filed a consumer complaint against the opposite parties before the District Commission, claiming compensation of Rs. 17,50,000/-, alleging medical negligence in conducting her sterilization operation, due to which, a female child was born to the complainant. In the consumer complaint, it was stated that on 05.11.2015, the opposite party No. 3 - Dr. Tarushree conducted the sterilization operation of the complainant because she did not want any further child and on 07.11.2015, the complainant was discharged from the hospital. However, after a period of 1 year and 10 days’, the complainant became pregnant and she had delivered one female child. The complainant had made allegation of medical negligence against opposite party No. 3 in conducting her sterilization operation.

3. The opposite party No. 1 - Chief Medical Officer, Haridwar filed written statement before the District Commission and stated that the sterilization operation occasionally fails and the doctor can not be blamed for the same. The doctor always takes a consent letter from the patient before sterilization operation, in which it is clearly mentioned that sterilization operation may be unsuccessful in some case and the doctor will not be blamed for the same. The sterilization operation is always done free of cost and no operation charges are taken from the patient. The sterilization operations are always done as per the scheme of the Government, hence the complainant does not fall under the definition of “consumer”.

4. The opposite party No. 2 - Manager, Metro Hospital and Heart Institute did not file any written statement before the District Commission, hence vide order dated 14.05.2019 passed by the District Commission, the opportunity of filing the written statement by opposite party No. 2 was closed and consumer complaint was proceeded ex-parte against opposite party No. 2.

5. The opposite party No. 3 - Dr. Tarushree filed written statement before the District Commission and submitted that the complainant was admitted in the hospital on 04.11.2015 as a case of G2P1L1 + 36 weeks 3 days gestation + 1 previous LSCS. The patient was anemic, so one unit blood was transfused. In the morning of 05.11.2015, her abdomen pain increased. On examination, scar tenderness was diagnosed and at 9:40 a.m., emergency caesarian section was done along with bilateral tubal ligation was taken after explaining all the risk factor