Complainant/appellant had undergone a family planning operation on 12.01.2007.  Despite that operation, she gave birth to twins.  Alleging deficiency in service on the part of the respondents she filed the complaint before the District Forum.

            District Forum relying upon the judgment of Supreme Court in the case of “State of Punjab vs. Shivram & Ors., IV (2005) CPJ 14 (SC)  in which it has been held that if a pregnancy takes place on account of failure in the family planning operation, the same cannot be considered as error/deficiency on the part of the Doctor, dismissed the complaint.                                             

            Not satisfied with the order of the District Forum, petitioner filed the appeal before the State Commission which has been dismissed.

            Judgment of the Supreme Court is binding on us as well.  In the Shiv Ram’s case (supra) Supreme Court has clearly held that the conception or giving birth to a child even after the family planning operation

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cannot be considered to be an error/deficiency on the part of the Doctor.  Dismissed.