STATE CONSUMER DI SPUTES REDRESSAL COMMI SSI ON MIZORAM CONSUMER COMPLAINT NO. SC/ 15/ CC/ 1/ 2024

1. Sh. Zaithankima H/o Malsawmkimi (L)

R/o Tlangpui, Khawzawl District, Mizoram

2. Shri Joshua Lalramdinthara (Minor)

S/o Smt. Malsawmkimi (L) Represented by his father Sh. Zaithankima R/o Tlangpui, Khawzawl District, Mizoram Versus

1. The State of Mizoram Represented by the Chief Secretary to the Govt. of Mizoram Aizawl.

2. The Secretary to the Govt. of Mizoram Health & Family Welfare Department Aizawl, Mizoram

3. The Principal Director Health & Family Welfare Department Govt. of Mizoram Aizawl, Mizoram

4. District Hospital, Serchhip Represented by the District Medical Superintendent Serchhip, Mizoram BEFORE :

HON’BLE MR. LALHMINGMAWIA, INTERIM PRESIDENT HON’BLE MR. C. LALRINKIMA, MEMBER HON’BLE MRS. P.C. VANLALREMRUATI, FEMALE MEMBER For the Complainants : Mr. C. Tlanthianghlima, Advocate For the Respondents : 1. Mr. B. Lalremenga, Advocate

2. Mr.Vanlaltanpuia, Proxy Counsel of Mr. B. Lalramenga, Advocate Date : 20.11.2025 JUDGEMENT & ORDER

1. The complaint was filed by Shri Zaithankima h/o Malsawmkimi (L), resident of Tlangpui, Khawzawl District, Mizoram under Section 47 of the Consumer Protection Act, 2019 against the State of Mizoram represented by the Chief Secretary to the Government of Mizoram and 3 Ors. The Complainant filed the complaint against medical negligence and deficiency in service leading to the maternal death of Smt. Malsawmkimi w/o Shri Zaithankima, and a new born baby at District Hospital Serchhip on 03.12.2021. The Complainant prayed for awarding the amount of ₹1,20,00,000/- (Rupees one crore twenty lakhs only) along with interest @9% per annum till payment is made as pecuniary and non-pecuniary damages along with punitive damages and compensation for medical negligence and deficiency in service.

2. The deceased Smt. Malsawmkimi on being pregnant and near expected date of delivery approached the Serchhip District Hospital (herein after referred to as the District Hospital) and got herself checked up in OPD on 01.12.2021 and she was counselled for Normal Vaginal Delivery (NVD). The deceased was admitted in the District Hospital on 02.12.2021 at 10:50 a.m. On the day of her admission, Cervi Prime Gel was applied to induce labour for Normal Vaginal Delivery (NVD) and her condition as well as the baby were found to be stable. No delivery happened on 02.12.2021, Cervi prime gel was applied on her again on 03.12.2021 at 11:45 a.m. and the deceased Malsawmkimi delivered a baby boy weighing 3.8 kg at 8:30 p.m., however, the baby showed no sign of life at the time of birth. The deceased developed post- delivery complications soon after, the nurse on duty informed the Gynaecologist at 8:55 p.m. The Gynaecologist attended the patient at 9:20 p.m. and informed the District Medical Superintendent (herein after referred to as DMS) about the critical maternal condition of the deceased. The DMS and the Gynaecologist attended the deceased, but she was declared dead at 10:40 p.m. and recorded the cause of death as Post Partum Haemorrhage. Before the deceased Malsawmkimi approach the District Hospital, she had register herself in Health Sub-Centre, Tlangpui Village on 26.05.2021, 13.08.2021 and 18.11.2021. As per the photocopy of the ANTENATAL CARE Card, the deceased had last menstrual period on 15.03.2021 and the expected date of delivery was 22.12.2021. The deceased had 4 spontaneous abortions/miscarriages and 3 living issues.

3. Consequent upon the death of Smt. Malsawmkimi and her newborn child, public outcry in social media and complaints prompted the Government of Mizoram to institute a Magisterial Enquiry by Mr. Kumar Abhishek, IAS, District Magistrate, Serchhip, Serchhip District, Mizoram. Brief Summary of the Observations/Findings are:

(a) The patient was having history of 3 abortions and one pre term. Dr.

Laltharzeli Fanai stated that the patient while on admission opted for the NVD. The doctor has stated in her written explanati