Orissa

Jagatsinghapur

CC/181/2021

Bandana Das - Complainant(s)

Versus

I L & P Hospital Prop Lipsa Das - Opp.Party(s)

Mr.D.P.Das

22 Sep 2022

ORDER

                                                                                    JUDGMENT

 

            Complainant has filed this consumer complaint U/s.35 of C.P. Act, 2019 seeking following reliefs;

            “Direct the opposite parties to give a sum of Rs.20,00,000/- towards loss, damage and compensation”.

            The brief fact of the complainant is that, as apparent from the N.C.P. card the LMP prior to conceive was on dt.08.12.2020 and expected date of delivery was dtd.15.9.2021. It is also ascertained from the N.C.P. card that the complainant has earlier no child and she conceived for the 1^st time and the N.C.P. card reveals that the complainant has no other complication during tenure of her pregnancy and as per settled guideline the complainant was under the care and custody of regular health check up before the lady health worker and also vaccinated properly during her pregnancy and the said N.C.P. card given to the complainant by the P.H.C. Kolar, through the lady health worker and Asha worker who have jointly performing their duty properly to the complainant for a successful delivery. After conceiving, the complainant was under treatment of Dr. Himansu Bhusan Sarangi, M.D., O.B.S.T. and Gynecology of C.H.C. Patakura and also make regular treatment in C.H.C. Patakura and the Doctor advised her for some regular test and for Ultra Sound report for better treatment of the complainant and the child in her womb. Accordingly the complainant through her husband went to L & P Hospital, Rahama, Jagatsinghpur i.e. the Hospital of the opposite party No.1 in which the Sonologist is Dr. Pratap Keshari Das, the opposite party No.2 for getting a report of Ultra Sound as referred by Dr. Sarangi. On dtd.29.01.2021 the complainant made Ultra Sound in L & P Hospital, Rahama through opposite party No.2 and subsequently the 2^nd Ultra Sound was made on dt.21.4.2021 and 3^rd Ultra Sound was made on dtd.28.7.2021 and from Ultra Sound report it reveals that the child in womb of the complainant has no deformity and physical disability, as such the complainant carried on the pregnancy with much expectation to give birth a healthy child. As per advice of the Doctor the complainant took medicine and at the matured stage of pregnancy she was admitted in Cure Well Hospital on dtd.11.9.2021 as per the reference made by Dr. P.K. Nayak and on the same day at about 7.42 A.M. gave birth a male child through operation conducted by the doctors and resided in the said Nursing Home and discharged on dt.15.9.2021. After giving birth to the child it came to knowledge that though the complainant has made Ultra Sound thrice and found normal and also accepted by the Doctor but her baby born from her womb has been suffered with disability and immediately as per programme of the National Health Mission under the Health and Family Welfare Deptt. Govt. of Odisha the baby was shifted for new born screening report before the DEIC, Jagatsinghpur and the Doctors stated about the disability of the child. As such complainant ventilated her grievances before the C.D.M.O., Jagatsinghpur and the C.D.M.O. stated her that if the disability was at all detected at an early stage in Ultra Sound report the placenta could have been removed considering the disability on the face of Ultra Sound report. Thereafter the husband of the complainant went to the opposite parties for discussion about the report and stated all the things but the opposite parties did not give any satisfactory answer and threatened the complainant’s husband for dire consequence.

            Notice was issued to opposite parties on 15.11.2021 and returned unserved on being refused by the opposite parties and thus this Commission vide order dt.10.10.2021 set ex-parte to both the opposite parties.

            It is alleged that opposite party No.1 & 2 have opened L & P Nurshing Home for their common interest. The complainant has relied on the Ultra Sound report conducted by opposite parties on 29.01.2021, 21.4.2021 & 28.7.2021. The report was issued and signed by Dr. Pratap Keshari Das, Sonologist and remark is as under;

            “Real time obstetric sonography reveals- Single life intrauterine pregnancy, Adequate amount of amniotic fluid present, Fetal body and limb movements appear normal, Norrmal cardiac activity is seen, Placenta is fundopost in location-with grade 1 maturity, Impression- A Single live fetus with vertex Presentation is seen.”

            The complainant delivered a male child on 11.9.2021 who is a physical handicapped child having no right hand (Papuli). The grievance of the complainant is that she has paid the fees time to time to opposite parties and conducted the Ultra Sound. Both opposite parties have no regard to the notice of this Commission which has been refused by the opposite parties on 17.11.2021. Since the complainant has paid the fees for Ultra Sound, it is expected that the opposite parties shall give a correct report particularly regarding the physical deformity but in this case repeatedly the opposite parties have given reports without pointing out any physical deformity of foetous, as such the complainant gave birth to a disabled baby. Had the complainant would have been informed about the disability of foetous then she could have aborted the foetous. It is because of good faith of the complainant on the opposite parties and their reports complainant did not terminate the pregnancy and gave birth a physical handicapped male child through operation on 15.9.2021.

            Now coming to the question of compensation. It is a fact that the deformity cannot be compensated in shape of money and what should be the quantum of compensation depends on the social status, fees paid, financial status of the opposite parties so also the locality in which both the complainant and opposite parties are residing. The opposite parties are running a hospital in the name and style of ‘L & P Hospital’ probably taking their name from Lipsa & Pratap. The hospital is at Rahama which is a semi urban area. Had it been in metro town or big city then the income of the hospital could have been much more.

            The opposite parties are running the hospital conducting Ultra Sound and issued reports without pointing out the deformity in the foetous not once but thrice reported and in case in the 1^st or 2^nd report the deformity could have been pointed out then the foetous could have been terminated/ aborted. As such for giving wrong reports by opposite parties amounts to gross deficiency in service and both of them are jointly and severally liable.

            The opposite parties have deliberately and intentionally refused the notice of this Commission. Both the opposite parties being sufficient literate and minimum common sense should not have refused the notice and axe on their own feet/themselves and lost their right to be heard for which they are solely responsible. The 1^st Ultra Sound was done on 29.01.2021, 2^nd Ultra Sound was done on 21.4.2021 and 3^rd Ultra Sound was performed on 28.7.2021 without pointing out any deformity. We apprehend that the clinic of opposite parties might not have the required standard machine and also license to conduct Ultra Sound test having sufficient knowledge on sonography and which is on the face of record. It is crystal clear that the opposite parties have given wrong reports, so we do not want to linger the matter. Otherwise, if we would have iota of doubt about the Ultra Sound report then we would have sent the matter to medical board for their expert opinion. 

            After weighing the case of both sides, we apply our judicial mind to the circumstances of both sides and deem fit just and proper that the opposite parties are liable to pay compensation of Rs.10,00,000/- (Rupees Ten lakhs). The amount shall be kept in fixed deposit in the name of child and the complainant will be the custodian of amount. The amount will be deposited in any nationalized bank of the locality. The amount shall be kept for fixed deposit for maximum period available in that bank. The fixed deposit amount will have auto renewal from time to time and it will be paid to the child only on attending the age of 26 years. The opposite parties are directed to deposit the amount within a period of 45 days from the date of receipt of order, failing which the opposite parties shall pay interest @ 8% per annum on Rs.10,00,000/- (Rupees Ten lakhs). We also award cost of Rs.50,000/- to be paid to the complainant for her mental agony and also award cost of Rs.4,000/- towards cost of litigation. The amount of Rs.50,000/- shall be paid to complainant and not to be depot in fixed deposit. With the aforesaid observation and direction the consumer complaint is disposed of.  

           

            Pronounced in the open Commission on this 22^nd Sept., 2022.