SHERLY VASAN Vs. LATHA INAMDAR

JUDGEMENT

(1.) The Petitioner has filed this Revision Petition challenging the order dated 25th June 2019 passed by the State Consumer Disputes Redressal Commission, Bengaluru (hereinafter referred to as the "State Commission") in Appeal No. 152 of 2013 whereby the State Commission set aside the Order of the District Consumer Disputes Redressal Forum (hereinafter referred to as the "District Forum") passed in CC No. 2501 of 2010 dated 09.01.2013 and remanded the matter to the District Forum, directing the parties to adduce additional evidence and further directed refund of the deposit of Rs. 5 lakhs to the Respondents.

(2.) Heard the learned Counsel for both sides. Perused the material on Record.

(3.) This is a case of medical negligence wherein the facts in brief are that the Complainant / Petitioner Sherly Vasan (hereinafter referred to as the "Patient") in the year 2005 underwent abdominal surgery as a result of which her left ovary was removed instead of Right ovarian cyst. She again in 2010 underwent laparoscopic Right Ovarian Cystectomy performed by the Opposite Parties Nos. 1 and 2. The Complainant's allegations are two-fold, one, that in the year 2005 the Opposite Parties removed left ovary and did not remove Right ovarian cyst. Secondly, while performing Laparoscopic Right Ovarian Cystectomy (removal of right ovarian cyst) in 2010 the patient suffered perforation of colon, fecal peritonitis and Septicemic shock.