DISTRICT CONSUMER DISPUTES REDRESSAL FORUM,
PATIALA.
Consumer Complaint No. 262 of 10.7.2017
Decided on: 30.11.2017
Kanto Kaur aged about 27 years W/o Joga Singh R/o Village Muradpur, Tehsil Samana, District Patiala.
…………...Complainant
Versus
- Dr.Jagtar Singh R/o village Harchanpura the then Medical Officer Primary Health Centre, Sutrana, District Patiala
- Director Health and Family Welfare, Punjab , Parivar Kalian Bhawan, Sector 35, Chandigarh.
- State of Punjab through Health Secretary Government of Punjab, Punjab Secretariat, Chandigarh .
…………Opposite Party
Complaint under Section 12 of the
Consumer Protection Act, 1986.
QUORUM
Smt. Neena Sandhu, President
Smt. Neelam Gupta, Member
Present: None for the complainant.
ORDER
SMT.NEENA SANDHU, PRESIDENT
The case of the complainant is that she is having three children and with a view to plan family planning she met with the staff of primary health centre, Shutrana who suggested that sterilization operation is safe and 100% effective. It was also disclosed by them that they were having facility of the operation and OP no.1 i.e. Dr.Jagtar Singh is very competent for this type of operations. Accordingly she underwent sterilization surgery on 12.3.2012 at Primary Health Centre, Shutrana. After the surgery, OP no.1 assured that surgery was 100% successful. It is stated that all necessary precaution were taken by her. However, in the year 2015, she felt the symptoms of pregnancy and went to the doctor where it came to her notice that she was pregnant. She alongwith her husband visited OP no.1 but he failed to give any heed to her request and on 1.1.2016 she gave birth to a female child at Civil Hospital Samana. That due to the negligent operation conducted by the OPs she suffered from mental agony and physical harassment.Hence this complaint with a prayer for a direction to the OPs to pay to her Rs.4,00,000/-as compensation alongwith Rs.10,000/-as litigation expenses.
The perusal of the record shows that no document with regard to the conducting of operation of tubectomy negligently, has been placed on record by the complainant . In the case of State of Punjab Vs. Shiv Ram & Ors.(SC): Law Finder Doc Id # 84707, it has been held by the Hon’ble Supreme court that, “failure of sterilization operation- Merely because a woman having undergone a sterilization operation became pregnant and delivered a child, the operating surgeon or his employer cannot be held liable for compensation on account of unwanted pregnancy or unwanted child-The claim in tort can be sustained only if there was negligence on the part of the surgeon in performing the surgery-The surgeon will, however, be liable if he had assured 100% exclusion of Pregnancy”. Even otherwise also, the complainant has not placed on record any document with regard to the consideration fee, if any paid by her for the said purpose. Thus, in view of the law laid down by the Hon’ble Apex court, in the case State of Punjab vs. Shiv Ram & Ors (supra), the complaint filed by the complainant is hereby dismissed at this stage. Certified copies of this order be sent to the complainant free of cost under the Rules. Thereafter file be indexed and consigned to the Record Room.
ANNOUNCED
DATED:30.11 .2017 NEENA SANDHU
PRESIDENT
NEELAM GUPTA
MEMBER
