PER:

Varinder Pal Singh Saini, Member

1        The complainant has filed the present complaint by invoking the provisions of Consumer Protection Act under Section 34, 35 and 36 against the opposite party on the allegations that the complainant and his wife saw a promotional add on YouTube regarding IVF treatment of accused in which accused was presenting himself as a specialist and was giving assurance of success of treatment. After this complainant alongwith his wife approached to opposite party for checkup and IVF treatment first time on June 2020. The complainant came to opposite party and opposite party took charges and start treatment with assurance of success results. But unfortunately first attempt remain unsuccessful in month of July 2020. The opposite party again assured the complainant and insisted for second attempt after a month 3 September 2020 but again no fruitful result came. After that complainant asked opposite party to give his medical history record as he was not willing to take another chance but opposite party again insisted with assurance to take 3^rd attempt Feb 2021 but again he failed in month Feb 2021. Now at this point complainant asked for his medical records as he does not want to carry on with opposite party for treatment. As they have spent money beyond their limits about Rs. 10 Lakh. But opposite party flatly refused to return the medical record and also used abusive language with complainant with his wife.  Due to negligence on part of opposite party complainant suffered mental and physical harassment. Moreover, he has to spend money thrice on his treatment. Due to the heavy medicine and behavior of opposite party the wife of complainant suffered from depression as she came to know that now she is unable to give birth to child and moreover cannot take any more chance of IVF as know it is dangerous to life. The complainant approached the opposite party and requested to return his medical records as they may approach another expert for their satisfaction. But opposite party did not bother about the request of the complainant and did not near the genuine request of complainant. Due to such act of opposite party, the wife of the complainant namely Gurbir Kaur suffered mental pain and is in depression now. The opposite party used to do the treatment of wife of complainant at his own and here it is very much necessary to explain that the opposite party does not possess any competent degree or qualification for the purpose of IVF treatment. He does not have any specialization in this field. The same facts came in the knowledge of complainant when he go for agitation in month of August 2021 against such inhumane act of opposite party. It is not only complainant who suffered from the hands of opposite party there are so many couples with whom the opposite party has committed fraud on the name of IVF treatment. The complainant moved complaints to medical department against the opposite party but no useful purpose serve with same. The opposite party committed inconvenience and harassment to complainant as a result complainant facing problem now and getting mentally harassed. The opposite party cheated the complainant by misleading the complainant and his wife by introducing and publish add by presenting himself as specialist in IVF and due to the wrong, illegal act of opposite party, the complainant has suffered from mental agony, monetary loss and his wife do not live healthy life. In fact the officials of the opposite party committed utmost negligence and fraud. The knowledge of the wrong act when came in the knowledge of complainant, the complainant approached the opposite party and enquired about the reason behind negligent act and fraud but the opposite party could not give any satisfactory reply to the complainant and kept on making one excuse after the another. The above said wrong occurred due to the negligence on part of opposite parties just for their wrongful gain. The opposite party was liable to return the medical history records and also was under the duty to guide the patients accurately. But the opposite party instead of admitting their fault refused to listen to the request of complainant.  the complainant has prayed that the following relieves may be granted in favour of complainant.

1. The opposite parties may kindly be directed to return the records of medical history of complainant and his wife.
2. A compensation to the tune of Rs. 9,00,000/- on account of mental agony, harassment and emotional distress suffered by complainant due to the negligent and unprofessional conduct and working of the opposite party, may also be awarded to the complainant.
3. The opposite party may kindly be directed to present his appropriate educational qualification/ degree under which capacity he is doing IVF treatment and running hospital.
4. The litigation expenses which this commission deem just and proper, for the filing and perusing the preent complaint against opposite parties may also be awarded to the complainant.

Alongwith the complaint, the complainant has placed on record his affidavit Ex. C-1, self attested copy of complainant’s Aadhar Card Ex. C-2, Self attested copy of invoice Ex. C-3, containing copies 23 in number, Self attested copies of Bill receipts Ex. C-4 containing copies 37 in number, Self attested copies of medical treatment reports Ex. C-5, self attested copy of legal notice Ex. C-6, Self attested postal receipt dated 16.7.2021 Ex. C-7.

2        Notice of this complaint was sent to the opposite party and opposite party appeared through counsel and filed written version by interalia pleadings that the present complaint is not maintainable in the eyes of laws. The present complaint has been filed by the complainant with malafide intention and with ulterior motive to harass the opposite party as the complainant has dragged the opposite party in unwarranted and unnecessary litigation by filing the present complaint. This commission has got no jurisdiction to try the present complaint in the present form. The present complaint is liable to be dismissed. The complainant has no locus standi to file the present complaint. The present complaint is bad for mis-joinder and non-joinder of necessary parties. The Vardaan infertility & Medical Research Centre Pvt. Ltd. has not been made party to the present complaint. As such, the present complaint cannot be entered n the present form against the opposite party. The opposite party is only managing director of Vardaan infertility & Medical Research Centre Pvt. Ltd. i.e. ‘the VIMRC’. The complainant has not approached this commission with clean hands. The complainant has suppressed the material facts from this commission. The complainant has furnished wrong facts in order to mislead this commission. The complainant has no locus standi to file the present complaint against the opposite party and the complainant has filed the present complaint in order to illegally extort money from the opposite party. The complainant is estopped by his own act and conduct from filing the present complaint as he has suppressed material facts from this commission. The wife of complainant namely Gurbir Kaur wife of Tejinderpal Singh hereinafter to be referred as “the patient” alongwith her husband namely Tejinderpal Singh had come to Vardaan infertility & Medical Research Centre Pvt. Ltd. on 19.5.2020 with history of secondary infertility as Mrs. Gurbir Kaur & her husband had a daughter of 10 years and she is having uterine adenomyosis and low AMH level alongwith oligospermic male factor. The patient had history of IVF pregnancy before the couple came to the VIMRC. It was also told by the couple that earlier, Mrs. Gurbir Kaur was got pregnant in the year 2015 and the fetus was a female and they had done the female feticide by medical termination of pregnancy at 12 weeks in 2015. The patient had come with desire of male child as such Dr. Aakriti Gupta (Obs & Gynac consultant VIMRC) clearly made them clear and understood that the sex selection & determination is a crime in India as such, the same is strictly prohibited in VIMRC. It was further made clear to the couple that at VIMRC, only required fertility treatment will be given to the couple and IVF treatment if needed & with their consent will be provided to them. As such, after discussing with each other, the couple decided to get their basic tests done at VIMRC. Thereafter as per their consent, the transaginal ultrasonography of Mrs. Gurbir Kaur was conducted by Dr. Aakriti Gupta and the findings were discussed with the patient that her uterus is having adenomyosis and her ovaries are having small sizes because of low AMH level and she was advised to go for IVF with donor eggs.  The next visit of the patient was on 25.5.20 for all other investigations. On the same day, an informed consent was signed by the couple for IVF/ ICSI-ET procedure, where each and everything was clearly explained and written in three languages (English, Hindi & Punjabi) and whole the contents of the above forms were dictated & explained to the couple in simple Punjabi language. As such, after going through the contents, both of them had signed consent forms & other required documents, where the couple has been provided with the detailed process of IVF/ICSI-ET, which will be done without the sex selection. As already stated that the patient was unable to produce her own eggs as such, the consent form for donor eggs were also taken on same day. Thereafter, the patient’s (Gurbir Kaur) hysteroscopy was performed on 2.6.2020 by Dr.  Aakriti Gupta and consultation was given by Dr. Aariti Gupta regarding the treatment with ovum donation (OD). On same day, the patient took medicine for OD cycle preparation as prescribed by Dr. Aakriti gupta. Later on her embroyo transfer was done on 21.6.20. Her beta hcg test was done on 4.7.20 and value was 49.93 indicating +ve biochemical pregnancy. She was called on 21.7.20 for further evaluation and ultrasound for fetal wellbeing was done where single intrauterine gestational sac with fetal pole was seen with cardiac activity not audible. As per medical guidelines, F-Form was signed by patient and sent to appropriate authorities cum Civil Surgeon, Jalandhar. As gestational sac with fetal pole was seen, medication to support pregnancy was prescribed by Dr. Aakriti Gupta and advised them to repeat beta hcg in next visit. The patient’s further evaluation was done on 28.7.20, where beta hcg had dropped to 15.9. Hence patient was declared missed abortion. Thereafter the patient opted to have 2^nd attempt , their next visit was on 17.8.20 to prepare them for August IVF, where medication were prescribed for the same. The patient’s embroyo transfer was done on 3.9.20 and she stayed under the care of VIMRC for 3 days. Her beta hcg was conducted on 14.9.20 followed by 18.9.20 and value was 2.00 indicating–ve outcome. As per the patent wanted to try further, couple came to hospital on 24.10.20  for next IVF cycle. On 18.11.20 medication was prescribed to the couple for November IVF Cycle. Patient was called on 28.11.2020 for further evaluation and some required tests were conducted on same day, due to her uncontrolled P4 level, cycle was cancelled. Next visit of the couple was on 11.12.20 followed 14.1.21, 16.1.21 and 27.1.21. Her embroyo transfer was done on 1.2.21 and beta hcg test was conducted on 13.2.21 which was 2.00 indicating-ve outcome. The last visit of patient was on 13.2.21 to collect their original reports. A written signed receiving was taken for the same as such the couple discontinued the treatment at VIMRC. As such all the above details of the treatment clearly explained that the patient/ the couple was giving the required treatment by the concerned doctors i.e. Dr. Aakriti Gupta and Dr. Sonika Bawri of the VIMRC as per protocol and requirements and after obtaining their free will and consent by explaining each and every detail to them. The complainant and his wife had come for treatment at VIMRC and in this regard all the treatment related details have been dictated under the heading “Details of Patient’s treatment history. In the VIMRC, neither the doctors nor any of the working staff members ensures guaranteed treatment outcomes, before the starting of the treatment. Before starting of  any process, complete and proper information is provided to the patients and the required consent form and affidavit are taken from the patients and its attendant. In this regard, the very well explained consent forms have been duly signed by the complainant and his wife. As such the credibility of VIMRC has been established due to the transparency in the treatment.  In the present complaint, the patient has been falsely claiming to have spent over Rs. 10 Lacs in the course of treatment. It is also requires to submit here that the patient had underwent 3 IVF Cycles which were concessional, due to the requests made by the patient and in this regard all the treatment details have been explained above. The complainant is raising unnecessary and frivolous allegations against the opposite party without any basis. All the treatment was given to the patient i.e. Gurbir Kaur by the well qualified doctors namely Dr. Aakriti Gupta (Obs & Gynae consultant VIMRC) and Dr. Sonika Bawri (M.B.B.S., M.S. (Consultant Obs & Gynaee VIMRC. In order to fulfill his nefarious acts and in order to extort money from the opposite party Mr. Tejinderpal Singh  alongwith his fellow friends and relatives(around 50 men) staged Dharna & protested in frount of the centre by installing tents and he has also used uncivilized language against the management and the doctors. The complainant has also given life threats to the opposite party and to his family and staff members at Vardan Centre. The complainant further claimed to accelerate his Dharna protest under Kissan Union of Punjab to pressurize the management and workers of the centre. During the course of Dharna on Saturday i.e. on 21.7.2021, the complainant alongwith his fellow men went to one of the nearby building at House No.  717 Mota Singh Nagar and from there he entered in to female patient apartment and tried to mishandled on duty female staff members and all the above acts have been recorded in the CCTV footage. At VIMRC over 60 female staff members are working and over 30 pregnant female are undergoing continuous assessment at VIMRC which needs complete sense of security and dignified state of mind. The above said like Dharna protest against the VIMRC is not only against the safety and security of females and members of centre but also against the ongoing lockdown guidelines of the concerned District. As such at that time, the opposite party has moved the representation dated 19.7.2021 under the Medical Protection Act for the safety of the doctors secure environment for the staff, patients, VIMRC and neighboring residents. All the above detailed facts make it abundantly clear that the patient has falsely given the wrong facts regarding their case which has no authenticity at all. As such, the complaint is liable to be dismissed with heavy costs and prayed that the present complaint may be dismissed with heavy costs. Alongwith the written version, the opposite party has placed on record affidavit of Dr. Vaneesh Kumar Ex. OP-1, affidavit of Dr. Sonika Bawri Ex. OP-2, self attested Certificate of registration Ex. OP-3, self attested certificate of registration Ex. OP-4, Self attested copy of ultrasonography Ex. OP-5, Self attested copy of Patient’s History/ counseling form Ex. OP-6, Self attested copy of affidavit against sex selection Ex. OP-7, Self attested copy of affidavit of No guaranteed success Ex. OP-8, Self attested copy of consent form for IVF/ICSI Art Ex. OP-9, Self attested copy of consent form for IVF/ICSI OP-10, Self attested copy of consent form for acceptance donor oocyte Ex. OP-11, Self attested copy of consent form for screening HIV Ex, OP-12, Self attested copy of Terms and conditions Ex. OP-13, Self attested copy of treatment record form Ex. OP-14, Self attested copy of test report Ex. OP-15, Self attested copy of receiving of Medical record Ex. OP-16, Self attested copy of complaint to higher authorities Ex. OP-17, Original Pen Drive Ex. OP-18.

3        We have heard the Ld.counsel for the complainant and opposite parties and have carefully gone through the record placed on the file.

4        In the present case the complainant and his wife have taken treatment from the opposite party and this fact is not disputed by the opposite party. The main prayer of the complainant is that the opposite party may kindly be directed to return the records medial history of complainant and his wife.  But on the other hands, the opposite parties have stated that they have already supplied all the records/ reports of his wife to the complainant and now no other record is available with the opposite parties and the opposite parties have also placed on record one document Ex. OP-16 which is reproduced as follows:-

“Original reports of patient Gurbir w/o Tejinderpal Singh handed over to the pertinent on 13.2.2021”                 

          The complainant has acknowledged the fact that the original reports of patient have been handed over to the complainant and said receipt bears the signatures of complainant. Now as per version of opposite party and receipt Ex. OP-16 the record has been handed over to the complainant, and there is no necessity to give any direction to the opposite party for providing the record. Therefore, the present complaint is not maintainable and is liable to dismissal.

5        The other prayer of the complainant is that “The opposite party may kindly be directed to present his appropriate educational qualification/ degree under which capacity he is doing IVF treatment and running hospital.” In the present case, the complainant has not filed the present complaint qua medical negligence, as such, there is no necessity of giving any direction to the opposite party to present his appropriate educational qualification/ degree under which capacity he is doing IVF treatment and running hospital.

6        In view of the above discussion, we do not find any merit in the present complaint and the same is hereby dismissed with no order as to costs.  Case could not be disposed of within the stipulated period due to heavy pendency of the cases in this Commission. Copies of the order be furnished to the parties as per rules. File is ordered to be consigned to the record room.

Announced in Open Commission

14.05.2024