TAHIRA KHATOON Vs. GOVERNMENT OF UTTAR PRADESH

JUDGEMENT

(1.) This is an appeal against the judgment and order dated 3.10.1992 passed by District Consumer Forum, Gorakhpur in Complaint Case No.74/ 1992.

(2.) The facts of the case stated in brief are that the complainant went to the District Women Hospital, Gorakhpur on 6.8.1990 for her treatment. Thereafter on the next day she again went to the hospital for M. T. P. The surgery for M. T. P. was done on the same day. On account of this surgery, the uterus of the complainant got burst and there developed pus on permanent basis in the uterus. On account of this fact she was unable to enjoy sexual life with her husband. She has claimed a compensation of Rs.97,000/-

(3.) On behalf of the opposite party it was alleged that the case is not triable by the learned District Forum as the complainant is not a consumer. Before this a complaint of a similar nature was lodged in which it was held that as no charges were made, therefore, the complaint is not maintainable on account of the fact that the complainant is not a consumer.