STATE CONSUMER DISPUTES REDRESSAL COMMISSION UTTARAKHAND, DEHRADUN Date of Admission : 03.06.2015 Date of Final Hearing : 19.01.2026 Date of Pronouncement : 07.02.2026 SC/5/CC/7/2015

1. Mohd. Salim S/o Mohd. Yamin R/o 150 Pichari Bazar, Tallital, Nainital 2. Km. Liabanoor D/o Mohd. Salim 3. Km. Akshanoor D/o Mohd .Salim Both Complainant Nos. 2 & 3 under the guardianship of their father Mohd. Salim R/o 150 Pichari Bazar, Tallital, Nainital (Through: Pairokar Mohd. Yamin)

…..Complainants VERSUS

1. Dr. Aprajita Rawal Anurjan Maternity and Laparoscopy Surgical Center Kaladhungi Road, Haldwani, District Nainital

2. Dr. Pulak Punit Krishna Research Hospital and Research Center

3/138, Guru Nanakpura, Haldwani, District Nainital

3. Anurjan Maternity and Laparoscopy Surgical Center Kaladhungi Road, Haldwani, District Nainital Through Manager

4. Krishna Research Hospital and Research Center

3/138, Guru Nanakpura, Haldwani, District Nainital Through Manager (Through: Sh. V.P. Tiwari & R.K. Devliyal, Advocates)

…..Opposite Party Nos. 1 to 4

5. National Insurance Co. Ltd.

Branch (407, 701) 1-710-711, Sehgal Motors Opposite Sotiganj, Meerut 250001 C/o Divisional Manager (Through: Sh. Deepak Ahluwalia, Advocate)

…..Opposite Party No. 5

6. The New India Assurance Company Ltd.

Branch Nainital Road, Haldwani Post Haldwani, District Nainital C/o Divisional Manager (Through: Smt. Anjali Gusain, Advocate)

…..Opposite Party No. 6 Coram:

Ms. Kumkum Rani, President Mr. C.M. Singh, Member

ORDER

(Per: Mr. C.M. Singh, Member):

This complaint under Section 12 of The Consumer Protection Act, 1986 has been filed on behalf of the complainants seeking compensation of Rs. 45 Lacs alongwith medical expenses incurred on account of medical negligence; that the opposite parties be directed to pay Rs. 5,00,000/- for mental harassment and loss of affection alongwith interest @ 18% per annum on the compensation and any other relief from the opposite parties. 2. Brief facts of the case are as such that Smt. Gausiya, w/o complainant No. 1 and mother of complainant Nos. 2 & 3 came to know about her pregnancy and remain under treatment and supervision of opposite party No. 1 since April 2013 onwards. During the course of treatment, the opposite party No. 1 assured the complainant No. 1 that the opposite party No. 3 – Anurjan Maternity and Laparoscopy Surgical Center, Kaladhungi Road, Haldwani (in short “Hospital”) of opposite party No. 1 was fully equipped with all the modern and advance technology of treatment. Relying upon the assurance, wife of complainant No. 1, regularly attended the pre-delivery check-ups as advised by opposite party No. 1. She was informed that tentative date of delivery would be the second week of November, 2013. In the first week of November, 2013, when the wife of the complainant No. 1 visited the opposite party No. 1 for diagnosis, she was advised to get admitted on 11.11.2013. Accordingly, she was admitted to the opposite party No. 3 – Hospital and underwent in a surgical section under the supervision of opposite party No. 1 resulting in birth of healthy male child.

According to the complainant No. 1, immediately after surgery, the condition of his wife (Smt. Gausiya) deteriorated, but timely and adequate medical arrangement was not provided, despite repeated requests. It is also alleged that after several hours, she was taken for further surgical intervention and arrangements for blood, as directed. Meanwhile, the wife of the complainant No. 1 was shifted to opposite party No. 4 – Krishna Research Hospital and Research Center, 3/138, Guru Nanakpura, Haldwani (in short “Krishna Hospital”) without proper consent. Despite subsequent treatment, medical procedure and heavy blood transfusion, the condition of the wife of the complainant No. 1 did not improve and she expired on dated 20.11.2013. The complainant No. 1 alleged that death of his wife occurred due to medical negligence and deficiency in service on the part of the opposite party Nos. 1 to 4. The medical