ORDER BY HON’BLE PRESIDENT- MR. P.K. PADHI:

                                                                                                 JUDGMENT

            Complainant has filed this consumer complaint U/s.12 of C.P. Act, 1986 seeking following reliefs;

            “Direct the opposite parties to pay the claim amount to the complainant as per terms and condition of agreement and pay compensation and cost of litigation”.

                The brief fact of the case is that, the complainants being motivated by the field staff of Health & Family Welfare Department of Govt. of Odisha accepted the family planning sterilization operation (Tubectomy) and complainant No.1 on 08.12.2009 operated under the direct supervision of opposite parties No.1 & 2 at Kujanga C.H.C.  Before operation the complainants blessed with five daughters and they are very poor and unable to maintain themselves, so the complainant No.1 accepted the family planning operation. After operation the complainant No.1 again conceived and gave birth a male child on 24.02.2011.  The complainant No.1 after conceived informed the matter to the opposite party No.2 but the opposite party No.2 take the matter carelessly and did not take any suitable steps. The complainants informed the matter to all other opposite parties but they slept over the matter. The opposite parties No.1 & 2 insured the complainant No.1 near opposite parties No.3 & 4 for the interest of complainant and similarly situated persons, so the opposite parties No.3 & 4 are liable to compensate the complainant.

            Opposite party No.1 filed written version stating as under;

            It being well settled principle that even through a person has family planning sterilization operation by laproscopy it is not 100% full proof and there is possibility of being pregnant subsequently due to reconnection and the guideline is clear in which manner the failure cases are to be dealt with. When the complainant has undergone said operation by observing all precaution and formalities she has no right to file the present proceeding. The opposite party No.1 has taken all attempts for settlement of insurance claim, he has not only written letter to the Director, Family Welfare, Govt. of Odisha, Bhubaneswar but also to the authority of insurance agencies i.e. ICICI Lombard General Insurance Co. Ltd. more particularly the opposite parties No.3 & 4. From the narration of the facts it can be well evident that there were no latches on part of the opposite party No.1.

            Opposite party No.2 filed written version stating as under;

            The complainant No.1 had undergone family planning (Tuboctomy) operation on 08.02.2009 at CHC Kujanga having 05 female children. On 30.12.2010 complainant had given an application that her family planning operation was failed and she was 06 months pregnant. After receiving the application the office of the under signed had completed all the formalities for getting compensation regarding failure of the family planning operation and sent all the documents to the office of the CDMO, Jagatsinghpur vide letter No.72 dt.07.02.2011. Again basing on the letter No.390 dt.23.5.2011 of ADMO (FW/Imm), Jagatsinghpur, the under signed has sent some documents to the CDMO, Jagatsinghpur vide letter No.217 dt.31.5.2011 for settlement of insurance claim of complainant. 

            Opposite parties No.3 & 4 filed written version stating as under;

            In spite of repeated letters and reminders when the opposite party No.1 failed to submit the documents required for settlement of the claim the complainant the same could not be settled as such question of deficiency in service on the part of the opposite parties does not arise at all. Since the opposite parties entered into a memorandum of understanding with the Ministry of Health and Family Welfare Govt. of India on 01.7.2011 and the admitted case of the complainant is that the complainant No.1 had undergone sterilizing operation (Tubectomy) on 08.12.2009 and thereafter she conceived and gave birth a male child on 24.02.2011 as such the opposite parties are not liable to pay any amount. One claim was lodged on behalf of the complainant claiming compensation amount for failure of sterilization which was registered as claim No.520662 with the opposite parties and after receiving the claim intimation and opposite parties sent letter dtd.25.3.2011 and by subsequent reminder to the opposite party No.1 for providing A.N. Case duly attested by C.M.O./C.M.H.O./D.H.O. within 15 days and as the same was to be submitted with the opposite parties another reminder was sent for submission of the same documents but the said reminder was also not complied with till date as a result of which the claim of the complainant could not be settled. 

            Facts of the case are not in dispute that the family planning sterilization operation (Tubectomy) was done on 08.12.2009 on complainant No.1 but found to be defective and she gave birth to a male child on 24.02.2011 as such she is eligible to get the relief.

            There is an agreement between the opposite parties and in case of failure of sterilization operation (Tubectomy) then the victim patent is entitled to get compensation which was initially Rs.30,000/- and subsequently it has been enhanced and premium in respect of that has been paid by Odisha State for and on behalf of the patents as such complainant being a beneficiary is a consumer.

            Since the undisputed fact that the complainant has undergone Tubectomy operation having 05 children gave birth to another children after one year and 2½ months. It is a proved case of failure of operation for which she is entitled to get relief for which premium has been paid by Govt. to ICICI Lombard Insurance.

            We therefore direct opposite party No.3 to pay the insured amount as due and admissible as on the date of operation with 6% compound interest w.e.f. 24.02.2011 to till date of payment within 45 days. With the aforesaid observation and direction the consumer complaint is disposed of.