PLOT NO.76, ARERA HILLS, BHOPAL

FIRST APPEAL NO. 1536 OF 2012

(Arising out of order dated 24.07.2012 passed in C.C.No.115/2010 by District Commission, Khandwa)

SMT. ARCHANA CHOURASIA,

W/O SHRI SANJAY CHOURASIA,

R/O ABOVE PREETI PAAN BHANDAR,

OPPOSITE OLD POWER HOUSE,

TAPAL CHAAL, KHANDWA (M.P.) … APPELLANT.

Versus

1. DR. BHAWNA ATRIWAL,

W/O AKASH ATRIWAL,

R/O BRIJNAGAR COLONY,

TEHSIL & DISTRICT-KHANDWA (M.P.)

2. BRANCH MANAGER,

THE ORIENTAL INSURANCE CO.LTD.

BRANCH OFFICE-PADAWA,

KHANDWA (M.P.) …. RESPONDENTS.

BEFORE :

HON’BLE SHRI A. K. TIWARI : PRESIDING MEMBER

HON’BLE DR. SRIKANT PANDEY : MEMBER

COUNSEL FOR PARTIES :

Shri Mohan Chouksey and Ms. Pallavi Chouksey, learned counsel for the appellant.

Shri Gaurav Singh Chouhan, learned counsel for the respondent no.1.

Shri V. K. Saxena, learned counsel for the respondent no.2.

O R D E R

(Passed On 16.08.2022)

The following order of the Commission was delivered by A. K. Tiwari, Presiding Member:

This is an appeal by the complainant/appellant against the order dated 24.07.2012 passed by the District Consumer Disputes Redressal

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Forum, Khandwa (for short ‘District Commission) in C.C.No.115/2010 whereby the complaint filed by the complainant has been dismissed.

2. The brief facts giving rise to the complaint before the District Commission are that the complainant Smt. Archana Chourasia, (hereinafter referred to as patient) having complaint of irregular menses and excessive bleeding from vagina, consulted opposite party no.1. Dr. Bhawna Atriwal (hereinafter referred as doctor) at Khandwa. The complainant got her sonography done on 13.08.2009. After going through the report, the doctor got the sonography done in pathology lab of Shubham Hospital on 14.08.2009 advised patient to remove uterus for which surgery will be done in Shubham Hospital and she had to remain admit for one week and the fees will be Rs.11,000/- and expenses. She admitted in Shubham Hospital, Khandwa on 17.08.2009 where on 18.08.2009 she underwent surgery for removal of uterus. The complainant paid Rs.11,000/- to the doctor. Before surgery catheter was fixed which was removed after 3 days of surgery. On removal of catheter, there was urination per vagina which was brought to the knowledge of the doctor, who told her that the problem will be removed within two days. On 23.08.2009, when she was discharged from the hospital, the problem continued. Again on consulting with the doctor, it was informed that it may due to insertion of catheter and will be resolved soon. Again when the problem persist, consulted the doctor, the doctor put

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a cotton swab in the vagina and asked her to come on next day. On the next day again when she consulted the doctor, the dotor told her that the problem will be resolved within a period of one and half month and for that the catheter has to be used continuously and if the problem will not resolve then there is a long procedure. When there was no relief, patient’s family members took her to Indore where after examination at Sanjeevni Nursing Home and M.Y. Hospital she was diagnosed Vesico Vaginal Fistual (VVF) and it is alleged that it was told that due lack of tests in earlier operation, the problem started for which she has to undergo another surgery. To get second opinion, the patient was taken to Shri Hospital, Jalgaon where the doctors confirmed the opinion of doctors of Indore. After treatment at Jalgaon, she was advised to consult super

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