C.C. No.29/2024

Suman Sahoo,

W/o. Budheswar Sahoo,

Vill.- Mulisingh,

P.O.- Harisinghpur,

P.S.- Tirtol,

Dist.- Jagatsinghpur.                                                 ……………. Complainant

                           (Versus)

1. The C.D.M.O., Jagatsinghpur,

At/P.O./P.S./Dist.- Jagatsinghpur.

2. The Superintendent,

C.H.C., Manijanga,

At/P.O.- Manijanga,

P.S.- Tirtol,

Dist.- Jagatsinghpur.…..… Opposite parties

For Complainant………..Mr. O.P. Das & Associates

For Opposite Parties………..Superintendent, C.H.C., Manijanga

ORDER BY HON’BLE MEMBER- MRS. M. SWAIN:

                                                                                          JUDGMENT

            Complainant has filed this consumer complaint U/s.12 of C.P. Act, 1986 seeking following reliefs;

            “Direct the opposite parties to pay compensation Rs.50,00,000/- mental agony along with cost of litigation.”

             Brief fact of the case is that complainant and her husband reside at village Mulisingh and after their wedlock two children were born out of them on wedlock, the couple decided for family planning operation and as per advice of staff and doctor on 04.01.2023 complainant has undergone the laparoscopic BTL operation by Dr. Pratap Das and after the operation they got a certificate of successful operation by opposite party No.2 i.e. the Superintendent, C.H.C., Manijanga, but on 20.3.2023 when she felt ill and went to the Manijanga C.H.C. as per doctor’s advice she did her obstetric ultrasonography and found she is pregnant in spite of successful laparoscopic BTL operation. On 28.11.2023 complainant issued pleader notice to the opposite parties through advocate regarding compensation for deficiency in service and on 29.11.2023 when the opposite parties received notice and finally on 04.01.2024, when no answer or correspondence has been made by the opposite parties to the complainant, so the complainant filed this consumer complaint.

            The opposite parties submitted their written version and stated that it is not at all disputed that complainant has undergone laparoscopic BTL operation on 04.01.2023 at C.H.C., Manijanga and Superintendent, C.H.C., Manijanga had issued one certificate on 20.3.2023 when complainant conducted her ultrasound. As per report she was pregnancy of 13 weeks 3 days plus or minus 1 week and she delivered a baby at SCB MCH Cuttack being referred from DHH, Jagatsinghpur. The laparoscopic BTL operation was conducted on 04.01.2023 and the pregnancy test conducted on the same day i.e. 04.01.2023 for which the test result of pregnancy was negative. Basing on the same report the concerned surgeon conducted the laparoscopic BTL operation. It is clearly evident that she was conceived prior to laparoscopic BTL operation and it is not a case of family planning operation failure. If the monthly menstruation cycle stopped after operation, the person has to report before the medical officer/ health worker within 2 weeks so that the MTP can be conducted free of cost. The consent form duly signed by the complainant, so the compensation money claimed by the complainant is not coming under the ambit of the guideline family planning operation failure case.  

            As per Govt. guidelines complainant is entitled to get Rs.60,000/- as compensation for failure of sterilization.   

            From the above circumstances  we direct that opposite parties shall pay Rs.60,000/- to the complainant as compensation for failure of sterilization and complainant shall deposit all the documents before the opposite parties as required and all the entire process shall be completed within 45 days from the date of submission of documents by the complainant. With the aforesaid observation and direction the consumer complaint is disposed of. No cost.    

            Pronounced in the open Commission on this 8^th August,2024.