In The District Consumer Dispute Redressal Forum, Banka
Complaint Case No. 46 of 2015.
Date: 9th day of January 2019.
Lusi Kumari: ……………………………………………………… complainant.
V/s
Dr. Sudha Kumari: ………………………………………………. Opposite Party.
Counsel for the complainant:
Counsel for the Opposite Party: Sri Umesh Kumar Singh
Judgment
This complainant is filed by complainant Lusi Kumari against OP Dr. Sudha kumari for claim of compensation of Rs. 10,000,00/- for the injury occurred to complainant when she did not issue certificate for Tubal Ligation( in short TL) by the Govt. hospital and have committed a deficiency of service.
The case of complainant is that the complainant was in need of a certificate from Govt. hospital for TL she contacted for Tubal Ligation. Dr. Sudha Kumari told her that since there was no sufficient facility to T. L in hospital hence advised her to get tubectomy in her Private clinic. She also assured that she will issue the certificate to T.L.
The further case of complainant is that she paid undue excess amount of fee to Dr. Sudha Kumari OP who operated her on 20.03.2014 OP assured the complainant that certificate of T. L. will be issued to her. After T.L OP asked the complainant to come after eight days but in spite of expiry of several eight days no certificate was issued to her rather the OP abused and misbehaved with complainant and her husband.
Further case of complainant is that the she complained to civil surgeon Banka and Distt. Magistrate Banka and requested them take suitable action against OP but the OP did not issue certificate of T. L thus there is deficiency of service on the part of OP and hence this complainant.
After admission of complaint notice was issued to the OP who appeared and contested the case through her written statement dated 08.03.2016 praying therein to dismiss the complainant on the ground that the case is not maintainable in Forum and there is no deficiency of service on the part of OP. it is stated that the complainant approached the OP at the Private Maternity centre namely Shivam Maternity Home, for T. L and after appropriate clinical and medical examination successful T.L. was performed at Shivam Maternity Home. Thereafter expiry of ten days of operation and after removal of stitches a proper T. L was issued by the Maternity home to the complainant. It is denied that OP has given assurance or guarantee to issue certificate of T.L form Govt. Hospital. It is further pleaded that the operation was successful and no any complainant regarding T.L was raised before the OP and hence there was no deficiency of service on the part of OP.
On the basis of aforesaid facts the OP has prayed to dismiss the complainant.
On the pleading of the parties the point of determination before us is as to whether no certificate was issued and non issuance of certificate by OP in favour of complainant for operation of Tubal ligation amounts to deficiency of service on the part of OP?
To substantiate the cases the parties have examined witness and adduced documents.
Complainant has examined PW1 Lusi Kumari the complainant PW2 is Laxmi Devi, Kumar Prince is PW3, and PW4 is Kauslendra Kumar. In addition to this Ext. 1 to Ext. 10 are the letters as documentary evidences.
The OP has examined herself as DW1 and has filed documentary evidences as Ext. A, the consent letter signed by complainant Ext. B is Photo copy of certificate Tubal ligation issued by OP dated 14.10.2016, Ext. C is letter dated 14.10.2016 written to Asst. Civil Surgeon in reference to letter of Civil Surgeon No. 3317 dated 04.10.2016. Ext. C/1 is letter to Civil Surgeon Banka.
FINDINGS
The admitted fact in this case is that the complainant has approached to OP for her Tubal Ligation. The operation of Tubal ligation was done By OP No complaint regarding deficiency operation or post operation complication was reported by complainant to OP.
Learned counsel of complainant submitted that the OP has misled the complainant by stating that she is Govt. Hospital Medical Officer hence the Tubal ligation done by her will be beneficial for complainant and her husband who will get benefit of FPA . but no any certificate of Tubal ligation was given by OP hence the complainant could not give it to her husband to claim family planning allowance there is thus it caused damage to the tune of Rs.10,00,000/-.
Now we have to see as to whether the complainant has proved her case that due to non issuance of Tubal ligation certificate the complainant has suffered the loss of Rs. 10,00,000/-.
On perused of complainant and letter send to Incharge Medical Officer dated 28.04.2014, letter to Distt. Magistrate Banka dated 28.04.2014, letter dated 01.06.2014 addressed to Incharge medical Officer Referral Hospital Amarpur, letter dated 16.06.2014 addressed to civil Surgeon Banka letter dated 14.07.2014 addressed to Distt. Magistrate Banka letter dated 14.07.2014 addressed to Secretary Health Deptt. Govt. of Bihar which to be issued by OP Shows that she has not obtained any Tubal Ligation certificate and has requested the Superior Authorities, to direct the OP to issue Tubal Ligation certificate to her and since no certificate was issued By OP hence her husband suffered losses and there is serious deficiency of service on the part of OP hence the OP is liable to pay compensation.
Learned counsel of OP submitted that the OP has already issued the certificate to the complainant and hence there is no deficiency of service on the part of the OP and hence he submitted to discuss the complainant.
We have gone through the entire record and evidences including the documentary evidences adduced by the Parties. The complaint petitions the evidences and the documentary evidences adduced by the complainant to show that the complainant was operated by OP for Tubal Ligation on 20.03.2014. After stitches were cut and she get well after 15 days of operation. The letter written by complainant to different Superior Officers clearly shows that no Tubal Ligation certificate was issued by OP. the Civil Surgeon directed to OP to Issue certificate, but no certificate was issued by the OP.
Thereafter the complainant finding no way to led this complaint before this Forum on 28.09.2015 after 18 months of operation.
After filing of the case the OP, as stated above, appeared and contested the case through the written statement date 08.03.2016 till the filling of written statement no certificate of Tubal Ligation was issued to complainant. Thus we found that there is clear cut deficiency of service on the part of OP the OP was duly bound to issue certificate soon after there was successful Tubal ligation operation. It may be taken to notice of the fact that the Govt. gives incentive and allowance to the Govt. Employee if either of the husband or wife get Tubal Ligation operated the benefit is given after submission of a certificate from a Medical Officer. In the instant case the complainant with a view to get benefit from Employer of her husband got herself operated for Tubal Ligation by OP who is medical officer as well as Medical Practitioner who runs “Shivam Maternity Home at Amarpur, Banka. Thus it is clearly proved that no certificate of Tubal ligation was issued by OP to the complainant and thus it is proved that there is clear cut deficiency of service on the Part of OP.
Going through the record we found that a certificate of Tubal Ligation, Ext. B was issued by OP which is dated 14.10.2016 i.e. seven month of filing of written statement by OP and after one year and one month after filing of the complaint. Thus clearly shows grave negligence and deficiency of service on the part of the OP. Ext. B is itself sufficient to prove that the case of complainant which shows that a certificate dated 14.10.2016 was prepared by OP.
On the basis of aforesaid facts & discussion we come to conclusion that the complainant has proved her case that due to non issuance of certificate of tubal Ligation of complainant she suffered great monetary loss as well as mental agony and it is hence proved that OP has committed grave negligence and deficiency of service on his part. In the result the complainant case is fit to be allowed and the same is hereby allowed.
Regarding quantum of compensation we are of the considered opinion that since the operation was done in the year 2014. Due to non submission of certificate of tubal Ligation by the husband of complainant before the employer or the husband of complainant has suffered loss of increment in the pay. Thus we allow Rs. 2,00,000/- as compensation , Rs. 25000/- as mental harassment and Rs. 5000/- as litigation cost. Total Rs. 2,30,000/-( Two lakh Thirty Thousand only). OP is directed to pay the said amount of Rs. 2,30,000/-, within two months from the date of this order along with interest @ 9% from the date of the filing of this case till today.
It is further ordered that if OP fails to pay the entire compensation of Rs. 2,30,000/- and the accrued interest within the given period of two months the appellant shall be entitled to recover the entire amount of compensation along with 6% further interest till its recovery. Let a copy of judgment be given to OP free of cost.
Member Member President
Dr. Binay Kumar Singh Dr. Neelam Kumari Neelu Md. Naimullah
