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2004 Supreme(All) 1691

RAGHUNATH PRASAD
JUDGES : PALOK BASU : RAGHUNATH PRASAD : VINOD SHANKAR CHAUBEY USHA PARIHAR – Appellant
Versus
CAPTAIN ATUL TYAGI – Respondent


RAGHUNATH PRASAD, J.

This is an appeal under Section 15 of the Consumer Protection Act, 1986 (hereinafter called the "act") against judgment and order dated 9-8-1996 passed by District Consumer Forum, Bulandshahr in Complaint Case No. 412 of 1992.

2. The complainants initially filed a complaint under Section 12 of the "act" with the allegations that during the course of pregnancy of Smt. Tyagi complainant No. 1 Capt. Atul Tyagi and complainant No. 2 Smt. Garima Tyagi, who are husband and wife respectively, consulted the opposite party/appellant who opined for delivery in her Nursing Home. On being given to understand that the opposite party was competent enough to look to the delivery cases, the complainant No. 2 was consulting for her well being as well as for the well being of the child in the womb. Even after Ultrasound tests made twice it was opined by the opposite party that the child is progressing normally and it will be a case of normal delivery. In the complaint it was further asserted that the complainants were assured also by the opposite party, that she has a qualified team of doctors to look into the affairs of pregnancy which made them to believe that everything will































































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