IN THE DELHI STATE CONSUMER DISPUTESREDRESSAL COMMISSION Date of Institution: 23.10.2013 Date of hearing: 19.11.2025 Date of Decision: 15.01.2026 FIRST APPEAL NO.- 1140/2013 IN THE MATTER OF

1. DR. AJAY JAIN JAIN CHARITABLE HOSPITAL STREET NO. 5, RAGHUBARPURA NO.2, GANDHI NAGAR, DELHI 110031.

2. JAIN CHARITABLE HOSPITAL (A UNIT OF SH. JAIN SEWA NIDHI (REGD.)

THROUGH SH. P. K. BHARGAVA, CHIEF MEDICAL OFFICER, STREET NO. 5, RAGHUBARPURA NO.2.

GANDHI NAGAR, DELHI 110031

3. DR. NUPUR PAGORE, JAIN CHARITABLE HOSPITAL STREET NO. 5, RAGHUBARPURA NO.2 GANDHI NAGAR, DELHI 110031 (Through: Mr. K.G. Sharma, Advocate)

…….Appellants VERSUS KAMAL KUMAR S/O. SH GULSHAN KUMAR H/O NO. 55/56 GALI NO. 4, EAST AZAD NAGAR, DELHI 110051 (Through: Mr. K.G. Kocher, Advocate)

…Respondent CORAM:

HON’BLE JUSTICE SANGITA DHINGRA SEHGAL (PRESIDENT)

HON’BLE MS. BIMLA KUMARI, MEMBER (FEMALE)

Present: Mr. K. G. Sharma, Counsel for the appellant appeared through VC.

Mr. Dishant Sharma, Counsel for the Respondent No. 1 appeared through VC Ms. Charu Jha, Counsel for the Respondent No.2 (Enrl.

No. D/1690/2023, Mobile: 7982494615, Email:

charujha16@gmail.com PER :HON’BLE JUSTICE SANGITA DHINGRA SEHGAL, PRESIDENT JUDGMENT

1. The facts of the case as per the District Commission record are as under:

“This complaint has been filed with the allegation that Smt. Santosh aged 24 years was pregnant and used to often complaint about headache. She was taken to Govind Ballabh Panth Hospital in the month of May, 2010 She was diagnosed with Plenum Sphen Mengiona and she has to be operated for the same for curing the disease. It was also advised that the pregnancy is to be terminated before undertaking the operation to avoid any complication. On the advice of the doctors of GB Pant Hospital she was admitted to OP Hospital on 07.06.10 for termination of pregnancy and a sum of Rs.1444/-was deposited towards the registration charges. As per complainant, Dr. Nupur Pagore and Dr. Ajay Jain conducted the operation on 08.06.10 for termination of the pregnancy. It is alleged that before undertaking the operation preliminary test like urine test, blood test and BP check were not conducted which are essential before conducting any operation. The wife of the complainant was discharged after the operation with burst abdomen and continued bleeding and was referred to government hospital. She was immediately taken to LNJP Hospital in a very bad condition. She was taken to the emergency ward and she was diagnosed as "Post D&C Uterine Perforation & Ileal Perforatiuon & Burst Abdomen" which clearly shows that OP2 and OP3 conducted the operation carelessly and negligently. The OP2 and OP3 were not competent and not qualified to conduct such a simple operation and hospital was not adequately well equipped with the facility to handle such a situation. It was also diagnosed that a nerve was wrongly cut from both sides by OP2 & OP3 resulted into the bleeding and it was beyond the competence to control the situation by OP2 & OP3. OPI to OP3 refused to provide the record of treatment so as to facilitate the treatment at LNJP Hospital. Despite the legal notice the same was not provided. The wife of the complainant, shattered and is not able to work despite one month hospitalization at LNJP Hospital. In these circumstances the complainant has prayed for compensation of Rs. 4 lacs, Rs.80,000/-towards medical expenses as well as Rs. 16500/- as cost of litigation.

In the written statement filed by the OP1 to OP3 wherein they have specifically pleaded that there is not a single element of deficiency in providing the services as the complainant failed to explain as to how the OPs were negligent. The complaint is based on non- specific, unscientific and laymen conjectures and complaint is not supported with any medical opinion and it has been filed on false allegation. The OP1 and OP3 are insured with United India Insurance Company and OP2 is also insured with United India Insurance Company. As such the United India Insura