KRISHNA MONI TEWARI Vs. GOURI BANDYOPADHYAY

JUDGEMENT

(1.) This is a complaint under Sec.12 read with Sec.17 of Consumer Protection Act, 1986 claiming compensation for a sum of Rs.8.00 lakhs for the loss suffered by the petitioner and her family members.

(2.) The case of the petitioner, in short, is that she consulted O. P.1, a Gynaecologist, when she became pregnant. As per advice of O. P.1 she went to the Nursing Home (O. P.3) for Ultra-sonography in regard to foetal profile and maturity. The said Nursing Home issued a report signed by O. P.2, a Sonologist observing therein Single Living Foetal of 30 weeks of gestation with normal growth. The petitioner consulted O. P.1 again with the report who assured that there was no cause of fear and the foetal in the Uterus is growing normally. Thereafter, she visited O. P.1 from time-to-time for medical checkup.

(3.) On 4.4.1997, the labour pain started and she was admitted to Lohia Matri Seva Sadan where she gave birth to two babies, one male and another female. The condition of both the babies was serious and as such they were transferred to Intensive Care Unit of Alpha Nursing Home at Howrah where the male child expired on 25.5.1997 due to weakness. The condition of the health or female child was still very serious. According to the petitioner, the male child expired because of negligence on the part of the O. P. to take proper care and due diligence. She alleges that the Ultrasonography Test failed to detect two living foetus in the Uterus of the petitioner. She submits that if it could have been detected by Sonography Test, she would have taken more care for their proper growth and she would have consulted more experienced doctors for their survival. O. P.2 is the Sonologist while O. P.3 is the Nursing Home represented by one of their partners. It has been alleged that O. P.1 is fully dependent upon the report of Sonologist and failed to clinically examine the patient so as to detect twin in the womb. Accordingly, she has filed the case claiming compensation of Rs.8.00 lakhs from the OPs.