G. RADHA Vs. DR. JANAKI

JUDGEMENT

(1.) The present Revision Petition has been filed by the Petitioner/Complainant under Sec. 21 (b) of the Consumer Protection Act, 1986 (hereinafter referred to as the "Act") against the impugned Order dtd. 23/3/2021, passed by the Telangana State Consumer Disputes Redressal Commission (hereinafter referred to as the "State Commission") in First Appeal No. 84/2015 filed by the Complainant was dismissed.

(2.) The facts in brief are that the Complainant, a house wife, Ms. G. Radha, about 47 years of age, underwent hysterectomy operation at Chaitanya Hospital (hereinafter referred to as the 'OP-2'). It was performed by Dr. Janaki (hereinafter referred to as the 'OP-1') on 30/6/2009. It was alleged that the OP-1 performed hysterectomy operation without informed consent. The consent was pre-printed and it amounts to unfair trade practice as held in the judgment of this Commission in C.C.428/2018 " "Vinod Khanna Vs. R.G. Stone Urology, decided on 6/7/2020. In the midnight of the operated day, the patient was suddenly taken to Gandhi Hospital without explaining the condition of the patient. Thus, it was a case of res ipsa loquitur. The Complainant further alleged that the expert opinion was also not as per standard guidelines of the Hon'ble Supreme Court. Being aggrieved, she filed a complaint before the District Forum, Ranga Reddy.

(3.) The District Forum, on hearing the parties and considering the averments, dismissed the Complaint.