—The Consumer Unity and Trust Society, Jaipur, the Complainant before the State Commission, Rajasthan in Complaint Case No. 1 of 1988 on its file, has preferred this appeal against the order of the State Commission dated January 3, 1988 Annexure 1 rejecting the said complaint petition on the ground that it is not maintainable under the Consumer Protection Act, 1986 (hereinafter called "the Act").

2. The complainant (appellant), which is a registered consumer association filed the said complaint dated August 19, 1988 on behalf of one Smt. Sushila Devi, wife of Shri Brajmohan Pareta, resident of Lakheri, District Bundi. Smt. Sushila Devi underwent an abdominal Tubectomy operation at the Government Hospital, Kota as part of the family planning programme. Unfortunately, she developed serious complications after the surgical operation as a result of which she has been reduced to the condition of a physically invalid person unable to move out of her hospital bed and suffering continuous physical pain as well as great mental agony which is shared by her husband and the whole family. It was alleged in the complaint that what was a simple surgery had resulted in such serious complicat