ANITA PARASHAR Vs. PREETI KOCHAR

JUDGEMENT

(1.) BOTH these appeals by two opposite parties Dr. Smt. Anita Parashar and Dr. Smt. Jayshree Arora arise from the order dated 14.11.2003 passed by the District Consumer Disputes Redressal Forum, Balaghat in Case No. 53/2001 directing appellants to pay to respondent No. 1 -complainant Smt. Preeti Kochar compensation Rs. 15,000/ - and Rs. 2,000/ - respectively. Rs. 1,000/ - have been awarded as costs of the proceedings.

(2.) BOTH appellants are private practitioners. Dr. Smt. Anita Parashar who is a Gynaecologist having degree of MBBS and Diploma in Gynaecology and Obstetrics. Dr. Smt. Jayshree Arora is possessed of MBBS degree. It is no more in dispute that the complainant Smt. Preeti Kochar had on 2.2.2001 having full nine months pregnancy firstly approached Dr. Smt. Jayshree Arora at Baraseoni a tehsil headquarter of Balaghat District and on reference by Dr. Smt. Jayshree Arora she was taken to nursing home of Dr. Smt. Anita Parashar at Balaghat where delivery by Lower Segment Caesarean Section was performed by Dr. Smt. Anita Parashar. She gave birth to a healthy female child. The only grievance of the complainant before the District Forum was that said caesarean operation was unnecessarily performed as it was a case of normal pregnancy and she was all the time made to understand by Dr. Smt. Jayshree Arora that it will be a normal delivery. It is alleged that these two doctors out of sheer greed of money had performed caesarean operation. The complainant thus claimed compensation Rs. 1,00,000/ -.

(3.) THE complaint was resisted by the appellants and it was submitted that the chin of foetus was rotating backwards and despite all efforts there was no sign of normal delivery and as such delivery by Lower Segment Caesarean Section had to be performed in the interest of both mother and child. It is further contended that no fees was paid to them by the complainant or her relatives/attendants and it was for this reason that the false complaint has been filed against them.