STATE CONSUMER DISPUTES REDRESSAL COMMISSION KERALA CONSUMER COMPLAINT NO. SC/32/CC/13/2009 Sheila Donal D'Cruz PRESENT ADDRESS - ,KERALA.

.......Complainant(s)

Versus K.J.K.Hospital PRESENT ADDRESS - ,KERALA.

.......Opposite Party(s)

BEFORE:

HON'BLE MR. JUSTICE SRI.B.SUDHEENDRA KUMAR , PRESIDENT HON'BLE MR. SRI.AJITH KUMAR.D , JUDICIAL MEMBER SRI.RADHAKRISHNAN.K.R , MEMBER FOR THE COMPLAINANT:

NEMO FOR THE OPPOSITE PARTY:

NEMO DATED: 05/12/2025

ORDER

KERALA STATE CONSUMER DISPUTES REDRESSAL COMMISSION VAZHUTHACAUD, THIRUVANANTHAPURAM C.C. No. 13/2009 JUDGMENT DATED: 05.12.2025 PRESENT:

HON’BLE JUSTICE SRI. B. SUDHEENDRA : PRESIDENT KUMAR SRI. AJITH KUMAR D. : JUDICIAL MEMBER SRI. K.R. RADHAKRISHNAN : MEMBER COMPLAINANT:

Sheila Donal D’Cruz, Nirmala Bhavan, Near S.N. College, Chemmanthoor, Punalur, Kollam (by Adv. P.G. Jayashankar and Adv. Pushpavati K.)

Vs.

OPPOSITE PARTIES:

1. K.J.K. Hospital, Shavallance Lane, Nalanchira, Thiruvananthapuram

2. Dr. K. Jayakrishnan MD, DGO DNB, K.J.K. Hospital, Nalanchira, Thiruvananthapuram

3. Dr. Jayanthi Ganesh, Gynaecologist (Senior Consultant), K.J.K.

Hospital, Nalanchira, Thiruvananthapuram (by Adv. K. Murlidharan Nair and Adv. Arun G.)

JUDGMENT

HON’BLE JUSTICE SRI. B. SUDHEENDRA KUMAR : PRESIDENT

This is a complaint filed under Section 17 of the Consumer Protection Act, 1986. 2. The complainant is a teacher by profession. She was working abroad in a private school in UAE. On 14.06.2007, the complainant developed sudden pain in the lower abdomen. There was also oozing of blood through urine. Immediately, she went to the hospital in UAE and conducted X-ray, ultrasound scan and CT scan investigation. After perusing the results, the doctor therein informed the complainant that the D.J. stent implanted during the removal of renal cyst in 2001 at the Cosmopolitan Hospital was not removed. There was also a cyst in the abdomen. Therefore, the complainant was advised to undergo surgery in the native place. The complainant came back to India and went to Cosmopolitan Hospital, where D.J. stent was implanted. The doctor, who attended the complainant in the Cosmopolitan Hospital, conducted medical examinations and informed that the D.J. stent and cyst could be removed easily through an open surgery.

rd

3. Thereafter, the complainant approached the 3 opposite party, who rd treated the complainant while the 3 opposite party was in Buraimi Hospital, Oman, rd with all medical records. After conducting physical examination, the 3 opposite party advised to postpone the removal of D.J. stent as further investigation was

st

necessary. Accordingly, US scan was taken at the 1 opposite party hospital.

rd

However, the removal of D.J. stent was postponed considering the advice of the 3

opposite party. After clinical examination and perusing the result of the US scan, the 3

rd opposite party informed the complainant that there was a cyst attached to her right rd ovary and it could be easily removed laparoscopically. The 3 opposite party assured nd st that the 2 opposite party, who is the owner of the 1 opposite party hospital, is an st expert in laparoscopic surgery and he would do the same at the 1 opposite party st hospital. The complainant was also informed that the 1 opposite party was fully rd equipped with all the facilities for doing such surgeries. The 3 opposite party also advised the complainant to remove the D.J. stent immediately as one week gap was necessary for laparoscopic surgery to remove the ovarian cyst. Accordingly, the complainant again approached the Cosmopolitan Hospital, where the D.J. stent was implanted, to remove the D.J. stent. The D.J. stent was successfully removed at the Cosmopolitan Hospital on 16.07.2007.

nd

4. Thereafter, the complainant and her husband consulted the 2 opposite nd party and the 2 opposite party assured them that he would remove the cyst easily.

nd The 2 opposite party also explained that since he was removing the cyst laparoscopically, the complainant could avoid severe pain. It was further