RAJIYA BEGUM Vs. AMITABH SINGHAL

JUDGEMENT

(1.) The instant Revision Petition was filed under Sec. 21(b) of the Consumer Protection Act, 1986 against the Order dtd. 20/8/2014 passed by the Uttar Pradesh State Consumer Dispute Redressal Commission, Lucknow (hereinafter referred to as 'State Commission') in Appeal No. 1411/2006 whereby the Appeal filed by the Complainant was dismissed.

(2.) The main grievance of the Complainant was that due to negligence of doctor (OP) during hysterectomy operation, she subsequently suffered burst abdomen.

(3.) The brief facts relevant to dispose this Revision Petition that, on 2/10/1993 the Complainant Rajiya Begum (Petitioner-for short 'the patient') was operated by Dr. Amitabh Singhal in his Swaroop Nursing Home. It was alleged that, after 10 days, on 11/10/1993 the stitches were removed and she was discharged without any advice. However, on the same day, during sleep in the night, her abdomen got busted suddenly, the stitches got opened and intestine came out. It was alleged that she suffered severe abdominal pain and even water came out when she drunk water. Therefore, on the next day morning immediately she was taken to OP nursing home, stitches were again with sedation and discharged after sometime. The dressing was done courteously for one month, but pain did not subside till 22/1/1994. The OP just kept on assuring, the pain would subside soon. Thereafter, she visited the Government hospital where in another surgery for incisional hernia was advised, but due to heavy expenses and paucity of funds she could not get operated. Therefore, till date she is facing difficulty in walking, sitting on the floor. She has to use abdominal belt continuously. Therefore, being aggrieved by the negligence by the OP during operation, the Complainant filed Complaint before the District Forum, Muzaffarnagar.