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2024 Supreme(Online)(NCDRC) 549

NATIONAL CONSUMER DISPUTES REDRESSAL COMMISSION
Master NEIL MENDONSA (MINOR) THROUGH MRS. INDU MENDONSA & 2 ORS. – Appellant
Versus
DR. EGBERT SALDANHA & 2 ORS. – Respondent


Advocates:
For the Petitioner: MS. RADHIKA GAUTAM
For the Respondent: MR. SHEKHAR B. PRABHAVALKAR

ORDER

1.      Heard Ms. Radhika Gautam, Advocate, for the complainants and Ms. Sukruta A. Chimalkar, Advocate, for the opposite parties.

2.      Neil Mendonsa (minor), Mrs. Indu Mendonsa and Noel Mendonsa have filed above complaint, for directing the opposite parties, jointly and severally to pay (i) Rs.30560000/-, as the compensation, for committing medical negligence; and (ii) any other relief which is deemed fit and proper in the facts of the case.

3.      The complainants stated that Dr. Egbert Saldanha (OP-1) claimed to be a Gynaecologist, Infertility Expert and Obstetrician by profession and was running Shreeji Hospital (OP-2). Dr. Lokesh Banodkar (OP-3) was an attending paediatrician at Shreeji Hospital, at the relevant time. Mrs. Indu Mendonsa (complainant-2) conceived in February, 2011 and took regular antenatal care from OP-1 at Shreeji Hospital, which was close to her residence. OP-1 checked up complainant-2 on 18.02.2011, 14.05.2011, 28.05.2011, 11.06.2011, 23.06.2011, 06.07.2011, 23.07.2011, 08.08.2011, 22.08.2011 and 01.09.2011 and all the time told that everything was fine. As advised by OP-1, first ultrasound sonography (USG) was done on 14.05.2011, which showed normal

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