SANTOSH Vs. HEMANT KANSAL

JUDGEMENT

(1.) THIS appeal by complainant - Santosh is directed against the order dated 9.10.2001 passed by District Consumer Forum -Hisar whereby complaint case No. 560/2001 filed by her was dismissed.

(2.) BRIEFLY the facts as set out in the complaint are that the complainant who is a household lady went under tubectomy operation on 16.6.98 conducted by OP vide serial No. 67/223. She obeyed all the instructions after the operation as given to her by OP but due to his sheer negligence in conducting the operation, she gave birth to a female child on 7.9.2000. The complainant filed complaint before the District Forum seeking compensation of Rs. 3 lacs as she had no source of income to maintain the female child which had born after the tubectomy.

(3.) ON the other hand, the case of opposite party before the District Forum was that complainant was not consumer as she did not pay any consideration to OP for the sterilization operation which was done free of cost by the Health Department, Govt. of Haryana ; rather she was paid incentive for undergoing sterilization operation under the National Family Welfare Programme. It was further pleaded that the sterilization operation of the complainant could not be completed since her left tube could not be ligated due to adhesion and as such she was not issued sterilization certificate by any doctor. Only serial number was to be maintained which was a clerical work. Complainant was apprised in simple language about the success rate of tubectomy operation. Since the operation of complainant was not completed, chance of conceiving the pregnancy was there.