PARIWAR SEWA SANSTHA Vs. RAMESH CHAND

JUDGEMENT

(1.) The instant Revision Petition is filed against the order dtd. 23/2/2017 passed by the State Commission, Delhi which dismissed the appeal bearing no.93 of 2003 preferred by the petitioner against order dtd. 30/12/2002 passed by the District Forum, South-I, New Delhi in Complaint No.1519 of 1995 which allowed the Complaint preferred by Respondent and awarded compensation of Rs.75,000.00.

(2.) The issue involved that due to alleged negligence and the failure of Medical Termination of Pregnancy (MTP) procedure, the patient has to continue the unwanted pregnancy. Whether such woman deserves any compensation?

(3.) Brief facts to dispose this revision are that Premawati, wife of the complainant (hereinafter referred to as 'Patient') conceived 4th time. It was 1 1/2 month pregnancy and on 28/12/1994 the doctor at Parivar Seva Sanstha (OP) performed Medical Termination of Pregnancy (MTP) and after 5 hours discharged her by telling it MTP was successfully performed. However, she noticed the pregnancy was continuing after 5 months. Therefore, she approached the OP. The Nurses verbally told to get admitted for the operation, which will be done free of cost. But, at that stage it was 6 1/2 months pregnancy which was not possible to terminate. Therefore, there was no option for the patient but to continue the unwanted pregnancy and sustain burden of additional child in the family. Therefore, being aggrieved by the negligent care and procedure of the doctor at OP center, the Patient filed a consumer complaint before the District Forum, New Delhi for compensation of Rs.4,50,000.00.