Tamil Nadu

South Chennai

CC/169/2019

Jhansi Rani - Complainant(s)

Versus

Chief Medical Officer Government Pheripheral Hospital - Opp.Party(s)

M/s Jugal Kumar

26 Feb 2020

ORDER

 

Date of filing  : 08.07.2019                                                                                                                                       Date of Order: 03.03.2020

                                                                                  

DISTRICT CONSUMER DISPUTES REDRESSAL FORUM, CHENNAI (SOUTH)

@ 2^ND Floor, T.N.P.S.C. Road, V.O.C. Nagar, Park Town, Chennai – 3.

 

PRESENT: THIRU. M. MONY, B.Sc., L.L.B, M.L.                    : PRESIDENT

TR. R. BASKARKUMARAVEL, B.Sc., L.L.M., BPT., PGDCLP.  : MEMBER

 

C.C. No.169/2019

DATED THIS TUESDAY THE 03^RD DAY OF MARCH 2020

                                 

Jhansi Rani,

W/o. Mr. Issac,

No.170/8^th Block,

Nagoora Thottam,

New Washermenpet,

Chennai – 600 081.                                                        .. Complainant.                                                     

..Versus..

1. The Chief Medical Officer,

Government Peripheral Hospital,

Tondiarpet,

Chennai – 600 081.

 

2. The Directorate of Family Welfare,

No.359, Anna Salai,

DMS, Chennai – 600 006.                                        ..  Opposite parties.

 

Counsel for the complainant  :  M/s. Jugal Kumar & another

Opposite parties                     :  Ex-parte

 

ORDER

THIRU. M. MONY, PRESIDENT

       This complaint has been filed by the complainant against the opposite parties 1 & 2 under section 12 of the Consumer Protection Act, 1986 prays to pay a sum of Rs.5,00,000/- for anguish caused to her owing the ruptured ectopic pregnancy and to pay a sum of Rs.10,00,000/- towards compensation for deficiency in service and mental agony with cost to the complainant.

1.    The averments of the complaint in brief are as follows:-

The complainant submits that she got married on 29.01.1996 and gave birth to two male children.  The first child was born during the year 1997 and the second child was born during the year 1999.   After the birth of two children, the complainant underwent sterilization surgery in the year 2001 at Government Peripheral Hospital, Tondiarpet, Chennai. The complainant submits that her husband is working as a coolie and his earning is Rs.8,000/- per month.  The complainant submits that her husband was suffering from cardiac problem and continuously taken treatment for the same at Government Stanley Hospital.  The complainant submits that after, the sterilization operation she continued with normal matrimonial life but very often, she was suffering from abdominal pain. Whenever the complainant gets abdominal pain, she goes to the Government hospital for further diagnosis and treatment.  The Doctor gave medicine for temporary cure.   Thereafter, the complainant suffered from stomach pain and loss of appetite continuously till the year 2017.   In addition to this, she also suffered from nervous disorders for which, she took treatment at Tamil Nadu Government Multi Super Specialty Hospital at Chennai.  

2.     The complainant submits that from the year of 2001 to 2017, she was suffered from severe abdominal pain, nausea, vomiting, loss of appetite and nervous disorder.   She went to the Government Hospital for treatment and the Doctors gave medicines for the above said problem but she got only temporary relief.  The complainant submits that on 23.02.2017, she suffered from severe abdominal pain and also pain in the body then, she fell down and was taken to the Government Stanley Hospital, Chennai and was admitted in the emergency care unit and diagnosed by Doctors and found ruptured ectopic pregnancy at bladder.  Then, she was transferred from Government Stanley Hospital to Government RSRM Hospital, Royapuram.   The Doctors at the RSRM Hospital informed the complainant’s husband that his wife is under life threat at any time because the above said ectopic pregnancy will burst so she needs emergency surgery.   Thereafter, at RSRM Hospital she underwent critical emergency surgery and finally, removed the infected ruptured ectopic baby at decomposed condition.  The Doctors said the reason it was happened due to failure of sterilisation done at Government Peripheral Hospital, Tondiarpet earlier.  

3.     The complainant submits that at Government RSRM Hospital again MTP with sterilization done on 24.02.2017 and the complainant was discharged on 03.03.2017 from Government RSRM hospital.  After discharge from the hospital, the complainant’s condition was not stable and she was continuously took treatment as out-patient at RSRM Hospital. The complainant submits that she wrote a complaint on 17.06.2017 to Tamil Nadu Chief Minister special Cell for seeking compensation for the failure of sterilization surgery for which, she received the reply letter dated: 07.08.2017 from the CM cell and the same was forwarded to Directorate of Family welfare, Chennai – 600 006 for taking necessary action and relief sought by the complainant.  The complainant submits that she wrote continuous letters to the Directorate of Family Welfare and Health Department, Chennai Corporation because she was unable to walk properly due to severe health problem and nervous disorder.  The complainant submits that on 05.03.2019, she received a letter from Greater Chennai Corporation, Health Services Department, Joint Director vide No.F21/0386/2018 stated that the complainant is eligible for seeking compensation for the failure of sterilization surgery.  The complainant sent all documents and case sheets to the Directorate of Family Welfare to initiate further action for receiving compensation.   The complainant submits that she went to the Corporation office and Directorate of Family Welfare many times to enquire about compensation.  But they were not responded properly.  The act of the opposite parties caused great mental agony and inconvenience to the complainant.    Hence, the complaint is filed.

 

4.     Inspite of receipt of notice, the opposite parties 1 & 2 have not appeared before this Forum and hence, the opposite parties 1 & 2 were set ex-parte.

5.     Though the opposite parties 1 & 2 remained Ex-parte, this Forum is to dispose of this compliant fully on merits with available materials evidences before this Forum. 

6.     In such circumstances, in order to prove the allegations made in the complaint, the proof affidavit is filed by the complainant as her evidence and also documents Ex.A1 to Ex.A9 are marked.    

7.      The points for consideration is:-

Whether the complainant is entitled to get a sum of Rs.15,00,000/- towards compensation for anguish due to ruptured exotic pregnancy deficiency in service and mental agony with cost as prayed for?

8.      On point:-

The opposite parties after receipt of notice has not appeared before this Forum and not filed their written version.  Hence, the opposite parties were set ex-parte.  The complainant filed her written argument.   Heard the Counsel also.  Perused the records namely; the complaint, proof affidavit and documents. The complainant pleaded and contended that the complainant got married on 29.01.1996 and she gave birth to two male children. The first child was born during the year 1997 and the second child was born in the year 1999.   After the birth of two children, the complainant underwent sterilization surgery in the year 2001 at Government Peripheral Hospital, Tondiarpet, Chennai on as per Ex.A1.  Further the complainant contended that her husband is working as a coolie and his earning is Rs.8,000/- per month, he was also suffering from cardiac problem and continuously taking treatment for the same at Government Stanley Hospital but no document filed.   Further the contention of the complainant is that after, the sterilization operation she continued her normal matrimonial life but very often she was suffering from abdominal pain.  Whenever she gets abdominal pain, the complainant will go to the Government hospital for further diagnosis and treatment.  The Doctor will give medicine for temporary cure as per Ex.A7, prescription dated:24.11.2006.   Thereafter, the complainant was suffering from stomach pain and loss of appetite continuously upto the year 2017.   In addition to this, she was also suffering from nervous disorders for which, she was taking treatment at Tamil Nadu Government Multi Super Specialty Hospital at Chennai as per Ex.A9, prescription dated:29.02.2016 for the same.  

9.     Further the complainant contented that from the year of 2001 to 2017 she was suffering from severe abdominal pain, nausea, vomiting, loss of appetite and nervous disorder, Ex.A7 to Ex.A9 shows the intermittent treatment.   She went to the Government Hospital for treatment the Doctors gave medicines for the above said problem as per Ex.A9.  She got only temporary relief.   But she did not get permanent remedy.   Further the contention of the complainant is that on 22.03.2017, she was suffering from severe abdominal pain and also pain in the body she fell down and was taken to the Government Stanley Hospital, Chennai and was admitted in the emergency care unit and diagnosed by Doctors and found ruptured ectopic pregnancy at bladder as per Ex.A5.  Then, she was transferred from Government Stanley Hospital to Government RSRM Hospital, Royapuram as per Ex.A6.  The Doctors at the RSRM Hospital informed the complainant’s husband that his wife is under life threat at any time the above said ectopic  pregnancy will burst so she needs emergency surgery.   Thereafter, at RSRM Hospital she underwent critical emergency surgery and finally, removed the infected ruptured ectopic baby at decomposed condition.  The Doctors said in Ex.A6 that the reason it was happened due to failure of sterilisation done at Government Peripheral Hospital, Tondiarpet, Chennai earlier.   Further the contention of the complainant is that at Government RSRM Hospital again MTP with sterilization surgery done on 23.02.2017 and the complainant was discharged on 03.03.2017 from Government RSRM hospital as per Ex.A6.   After discharge from the hospital, her condition was not stable she was continuously taking treatment as out-patient at RSRM Hospital.  

10.    Further the contention of the complainant is that she wrote a complaint on 17.06.2017 to Tamil Nadu Chief Minister special Cell for seeking compensation for the failure of sterilization as per Ex.A2 (S) for which, she received the reply letter from the CM cell and the same was forwarded to Directorate of Family Welfare, Chennai – 600 006 for taking necessary action and relief sought by the complainant on 07.08.2017 as per Ex.A3.  Further the contention of the complainant is that she wrote continuous letters to the Directorate of Family Welfare and Health Department, Chennai Corporation because, she was unable to walk properly due to severe health problem and nervous disorder.  Further the contention of the complainant is that on 05.03.2019 she received a letter from Greater Chennai Corporation, Health Service Department, Joint Director vide No.F21/0386/2018 as per Ex.A4 stating that the complainant is eligible for seeking compensation for the failure of sterilization; it is an admitted fact by the opposite party since 5% exempted.  The complainant sent all documents and copies of case sheet to the Directorate of Family Welfare to initiate further action for receiving compensation. 

11.    Further the contention of the complainant is that she went to many times Corporation office and Directorate of Family Welfare to enquire about compensation.  But they were not responding properly which has caused inconvenience to the complainant, till date nothing has realized from the opposite party.   Further the contention of the complainant is that she is below poverty line and illiterate she underwent sterilization surgery at Government Hospital, Tondiarpet which was ended in failure due to Doctors negligence which resulted pregnancy in tube with decomposed baby. Considering the facts and circumstances of the case and on a careful perusal of documentary evidences produced on the side of the complainant, this Forum is of the considered view that the opposite parties 1 & 2 are jointly and severally liable to pay a sum of Rs.1,50,000/- towards compensation for negligence in treatment, deficiency in service and mental agony with cost of Rs.10,000/- to the complainant.

In the result, this complaint is allowed in part.  The opposite parties 1 & 2 are jointly and severally liable to pay a sum of Rs.1,50,000/- (Rupees One lakh fifty thousand only) towards compensation for negligence in treatment, deficiency in service and mental agony with cost of Rs.10,000/- (Rupees Ten thousand only) to the complainant.

The above amounts shall be payable within six weeks from the date of receipt of the copy of this order, failing which, the said amounts shall carry interest at the rate of 9% p.a. to till the date of payment.

Dictated  by the President to the Steno-typist, taken down, transcribed and computerized by her, corrected by the President and pronounced by us in the open Forum on this the 03^rd day of March 2020. 

 

MEMBER                                                                                PRESIDENT

 

COMPLAINANT SIDE DOCUMENTS:-

Ex.A1	05.09.2017	Copy of Sterilization Certificate issued by Government Peripheral Hospital, Tondiarpet, Chennai – 600 081
Ex.A2	17.06.2017	Copy of complaint sent to CM Cell with postal acknowledgement
Ex.A3	07.08.2017	Copy of letter received from Directorate of Family Welfare, Chennai – 600 006 vide No.8467/j2(4)fc1/2017
Ex.A4	05.03.2019	Copy of letter received from Greater Chennai Corporation (Health Service) to admit the failure of sterilization and eligible for compensation
Ex.A5	23.02.2017	Copy of prescription given by Government Hospital found the Ruptured Ectopic pregnancy
Ex.A6	03.03.2017	Copy of discharge summary given by Government RSRM lying in Hospital admitted the removal of Ruptured ectopic ovary and failure of MTP with Sterilization
Ex.A7	24.11.2006	Copy of prescription of Govt Peripheral Hospital, Chennai for taking treatment of abdominal pain
Ex.A8	05.02.2007	Copy of prescription of taking treatment at Govt RSRM Hospital
Ex.A9		Copy of prescription of taking treatment of TN Govt. Multi super specialty Hospital for nervous problems

 

 

MEMBER                                                                                                                                                                                               PRESIDENT