SHEILA DAS Vs. SERAJUDDIN

JUDGEMENT

(1.) THE instant appeal arises out of the judgment and order dated 17.6.2004 passed in Complaint Case No. 13/2000 on the file of the District Consumer Forum, Hazaribagh whereby the appellants have been directed to pay a sum of Rs. 3,298.75 along with Rs. 30,000/ - on account of compensation for mental and physical harassment to the complainant.

(2.) THE short facts giving rise to the disputes are that on 30.11.1998, the wife of the complainant reportedly felt labour pain and on the following day, she was admitted in St. Columba s Hospital, Hazaribagh where she was thoroughly examined when it was transpired that the position of the baby was not normal inasmuch as, the baby had a transverse position. The appellants thought it proper for immediate ceasarian operation in order to save the life of both mother and child. A live male child was taken out and at the request of the patient, tubectomy operation was also performed on the same day. The baby was weighing only 2.5 kgs and accordingly the parents were informed about the abnormal presentation of the baby. The patient till 5.12.1998 had no complaints whatsoever, but only on 6th day of operation, it was seen that serum was coming out from one of the stitches. It is alleged that after five days of operation, the patient started bleeding profusely. It is further alleged that the stitches were torn and again it was stitched resulting indigestion and vomiting. The appellants referred the patient to Apollo Hospital, Ranchi, where she was admitted on 16.12.1998 and discharged on 25.12.1998. The Apollo hospital advised some medicines. However, it is alleged that during these period, the patient became very weak. She was treated again by another doctor of Hazaribagh. It is alleged that during the treatment, due to negligence on the part of the appellant hospital, the complainant filed a complaint for recovery of Rs. 1,65,000/ - on account of expenses and compensation.

(3.) ON being noticed, the appellants appeared and filed their response denying the allegations and further alleged that the complainant suppressed the past history of illness inasmuch as, she had earlier first ceasarian operation in Calcutta about year back but past history has not been revealed before the appellants hospital. It is further alleged that there was no profused bleeding as alleged on the fifth day. The patient had no complaint. Only on 6th day of operation , it was seen that serum was coming out from one of the stitches but the patient s condition was normal, the abdomen was soft without fever. On the same day, at 9.45 p.m. she vomited twice, and because of strain some intestine herniated i.e., abnormal protrusion of intenstine was formed. It was then found that gut had become adherent to the anterior abdominal wall. The repair was accordingly carried out. It is further alleged that by naso -gastric tube, 1200 mg green liquid was removed from the stomach. The patient passed about 400 ml clear urine and her blood pressure was found normal. The abdomen was always found soft. The patient took food and passed stool in number of times in a clear way which clearly goes to show that there was no indigestion. It is further stated that during 16 days of stay in the hospital, the bill including operation charges. Pathology charges and cost of medicines etc. were to the tune of Rs. 6,500/ - but at the request of the patient s husband the amount was reduced to Rs. 3,293/ - only. The District Forum after hearing the parties and going through the pleadings filed on behalf of the parties, has passed the impugned order which is under challenge before us as stated above.