Haryana

StateCommission

A/58/2020

SEEDS OF INNOCENCE IVF CENTRE - Complainant(s)

Versus

DEEPIKA MALIK - Opp.Party(s)

AMIT SHARMA

14 Dec 2022

ORDER

STATE CONSUMER DISPUTES REDRESSAL COMMISSION,

HARYANA PANCHKULA

 

                                                                   Date of Instituion:24.01.2020

                                                              Date of final hearing:14.12.2022

                                                        Date of pronouncement:02.02.2023

 

FIRST APPEAL No.58 of 2020

 

IN THE MATTER OF:                                      

 

Seeds of Innocence IVF & Fertility Centre, 3 MMTC Colony, Opposite Aurbindo College, Malviya Nagar, New Delhi-110017 through its Director.

                                                                                            .….Appellant

 

Through counsel Mr. Amit Sharma, Advocate

 

 

Versus

 

 

Deepika Malik, resident of The Cooperative Sugar Mills, Palwa, Haryana-121102.

…..Respondent

CORAM:    S.P. Sood, Judicial Member.

                   S.C. Kaushik, Member.

 

Present:-    Mr. Amit Sharma, Advocate for the appellant.

                  

O R D E R

S.P. Sood, Judicial Member:

 

          The brief facts of the present case are that complainant took her first In vitro fertilization (IVF) treatment from the opposite party on 28.11.2018 but was highly disappointed with the services provided by the OP which precisely was the reason for failure of the IVF despite respondent/complainant having spent a sum of Rs.1,30,000 approximately. However, after her first treatment, reports provided to the complainant by OP on 14.12.2018 projected her to have conceived but as she was doubtful so she got conducted her UTP and pregnancy test on 16.12.2018 from some other laboratory paying Rs. 600/- and got the shock of her life by having negative report contradicting the result of IVF as provided by OP. After this confusion, complainant also contacted the doctor who treated her during the first IVF namely Dr. Nupur Aggarwal on 15.12.2018 who advised her to take more medicines and then again get her blood tested again. But thereafter on 21.12.2018, the complainant found that she was not pregnant and her experienced her menstruations. Thereafter, she approached the head branch of OP, where she was assured that her next IVF procedure would be done correctly and guaranteed the complainant for the assured pregnancy. The complainant was again called to the clinic for her second transfer that took place on 10^th May of 2019 for which 40,000+50,000 medicine cost was demanded. In that IVF treatment of complainant, the blastocyst was to be implanted but the OP implanted the Morulas, which again caused harm to the complainant physically as well as financially. Resultantly, again the whole process of IVF failed. Thereafter, the complainant was convinced for third IVF and asked to pay the medicine cost i.e. Rs.25,000/- only. The complainant went to the clinic of OP and asked for the reasons of failure of previous two IVF treatments but she did not got satisfactory reply from the head rather she got to know that the doctor treated her for the first IVF namely Dr. Nupur Aggarwal had removed from the hospital as there were many complaints against her and since her removal the OP have no liability of her cases. Thereafter, the complainant raised may complaints regarding the matter but she did not get any reply. Lastly, she sent a legal notice dated 22.06.2019 to the OP but to no avail.  

2.      Notice of the complaint was issued to the opposite party. Despite service, none has appeared on behalf of the opposite party. Hence, the opposite party was proceeded against ex-parte vide order dated 09.10.2019.

3.      The District Commission, Faridabad after taking into consideration the material available on record allowed the complainant vide order dated 22.10.2019, whereby it held as under:

          “Opposite party is directed to refund an amount of Rs.2,20,000/- to the complainant after deducting of         administrative charges of Rs.30,000/-         (Rs.2,50,000/-   -   Rs.30,000/-). Opposite party is   also directed to pay Rs.2200/- on account of         mental agony as well as harassment. No litigation      is given to the complainant because the           complainant herself is pursuing the case.       Compliance of this order be made within 30 days       from the date of receipt of this order.”

 

4.      Feeling aggrieved by the order of learned District Commission, Faridabad, OP-appellant has preferred this appeal before the State Commission.

5.      The arguments have been advanced by Mr. Amit Sharma, Advocate for the appellant. With his kind assistance the entire appeal has been properly perused and the record examined.

6.       In view of the abovementioned facts and circumstances, we do not find any substance in the pleadings of the appellant. The learned District Commission has rightly allowed the complaint of the complainant. The State Commission finds no reason or grounds to interfere with the order of learned District Commission. Hence, the appeal being devoid of merits, stands dismissed in limine.

7.      Application(s) pending, if any, stand disposed of in terms of the aforesaid Order.

8.      A copy of this order be provided to all the parties free of cost as mandated by the Consumer Protection Act, 1986/2019. The Order be uploaded forthwith on the website of the commission for the perusal of the parties.

9.      File be consigned to record room along with a copy of this order.              

 

 

Pronounced on 2^nd February, 2023                             

 

                                                                                                            S.P.Sood

                                                                                                            Judicial Member                                                                                                                 Addl. Bench

 

           

 

                                                                                                S.C Kaushik

                                                                                                            Member                                                                                                                     Addl. Bench

 

Pvt. Secy.