LAWS(UTNCDRC)-2011-5-5

SATISH KUMAR Vs. ANUPAMA RAVI

Decided On May 20, 2011
SATISH KUMAR Appellant
V/S
Anupama Ravi Respondents

JUDGEMENT

(1.) THIS is complainant's appeal under Section 15 of the Consumer Protection Act, 1986 against the order dated 25.2.2005 passed by the District Forum, Udham Singh Nagar, dismissing his consumer complaint No. 45 of 1999. The opposite parties were, however, directed to pay sum of Rs. 630 to the complainant towards costs awarded on various dates by the District Forum.

(2.) IN brief the facts of the case are that Smt. Rajni, the wife of the complainant, became pregnant and on 5.2.1998, the complainant showed his wife to the opposite party No. 1 - Dr. (Smt.) Anupama Ravi. The wife of the complainant was called on various dates for check -up and the wife of the complainant took the medicines as prescribed by the opposite party No. 1. In the month of August, 1998, the opposite party No. 1 asked to get the ultrasound done, which was done by opposite party No. 3. The opposite party No. 1 assured that the child is hale and hearty. On 10.11.1998, the wife of the complainant gave birth to a male child, who had no legs, which caused mental agony to the complainant and his wife. Alleging medical negligence, the complainant filed the consumer complaint before the District Fortum.

(3.) THE opposite party No. 3 in her written statement pleaded that she got the ultrasound done as per the directions of the opposite party No. 1. No amount was charged from the complainant. No negligence has been committed by her in preparing the report. It was also pleaded that she is performing the said tests since 1994 and is M.D. (Radiology). It was also pleaded that if any amount of compensation is payable by her to the complainant, the same is payable by the opposite party No. 4 - The Oriental Insurance Company Limited, with whom the nursing home of the opposite party No. 3 was insured at the relevant time.