ORDER

Appeared at the time of arguments

For the Complainant       :        Mr. Madhurendra Kumar, Advocate

                                                Mr. Shamaile Nabi, Husband of Complainant

For the Opp. Parties       :        Mr. Pradeep Kumar, Advocate

                                                Mr. Monica Kumar, Advocate

                                                Mr. Ghulam Sarvar, Advocate for OP-1

                                                Mr. K. K. Bhat, Advocate for OP-2

Pronounced on:  26^th August 2022

ORDER

DR. S.M. KANTIKAR, PRESIDING MEMBER   

1.       The present Complaint of alleged medical negligence has been filed under section 21 of the Consumer Protection Act, 1986 by the Complainant Smt. Shahla Imam (hereinafter to be referred as the ‘patient’) against Dr. Nahid Fatima C/o Fatima Maternity & Surgical Centre (hereinafter to be referred as the ‘OP-1) and the Oriental Insurance Co. seeking compensation for damages of Rs. 2,27,85,000/- for alleged of medical negligence caused by the OP-1.

2.       The facts in the present Complaint are that Shahala Imam during her 2^nd pregnancy was under antenatal care (ANC) of Dr. Nahid Fatima (the OP-1). It was alleged that on 23.08.2014, at 9 PM the couple visited clinic of OP-1. That time patient had no labour pain but OP-1 administered one injection to induce labour pain and the patient was admitted in the Fatima Nursing Home and Maternity center (for short ‘nursing home’) of OP-1. On 24.08.2014, early morning at 05:40 AM a male baby was delivered. It was alleged that the baby was delivered by ventose application with third degree perineal cut (episiotomy). The OP-1 did not disclose or took consent of patient or her husband for need of episiotomy and delivery by vacuum application. After the discharge from nursing home, she was feeling of pain and she was visiting the clinic of OP-1 but without any checkup, the OP-1 prescribed only pain killer injections. Thereafter, on 15.9.2014 the patient noticed leakage of stool from  stitch  site and she contacted OP-1 but without examination  she just told that fistula might have been occurred and it would be cured from treatment for 3 months. The Complainant further alleged that OP-1 instead of performing Cesarean section delivery, performed vacuum delivery with third degree perennial tear which caused injury to rectal sphincter. Thus, it was an act of negligence and deficiency in service of the OP-1.  Later on the patient’s  parents took her to Aligarh and consulted at Jawaharlal Nehru Medical College and Hospital (JNMCH).It was further alleged that  the doctors therein told about  wrong procedure adopted by OP-1 during delivery and  the episiotomy caused rectal sphincter injury and episiotomy wound was not properly stitched. It was further alleged that she became disabled, unable to perform day to day activities,   lost job opportunities and her matrimonial life was spoiled by the wrong treatment of OP-1. Being aggrieved   the Patient/Complainant file the Complaint and prayed the total compensation amount of Rs. 2,27,85,000/- under different heads. The Complainant also filed one complaint before Delhi Medical Council (DMC) on 18.04.2015.

3.        The OP-1 Dr. Nahid Fatima filed her written version. She denied the allegations as false, vexatious and filed this complaint was filed in order to extract money by suppressing the material facts. The OP-1 raised preliminary objection on maintainability for want of pecuniary jurisdiction that the relief sought by the Complainant was imaginary and highly inflated for the remoteness of loss without any basis. It was filed just to bring the complaint within the pecuniary jurisdiction of National Commission.  She submitted that  she holds a good reputation in the field of Obstetric practice and had conducted 7000 deliveries so far. The Complainant was not regular during her ANC checkups. On 23.08.2014, the patient with her husband came to her OPD at 9 PM with labour pains and leaking p