DINABANDHU ALUNI Vs. ALOKE KUMAR BHUSHAN

JUDGEMENT

(1.) The present Revision Petition has been filed by the Petitioner against the Order dtd. 31/12/2019, passed by the West Bengal State Consumer Disputes Redressal Commission, Kolkata (in short, the 'State Commission') in First Appeal No. A/927/2016, whereby the Appeal was dismissed and the Order passed by the District Consumer Disputes Redressal Commission, Nadia (in short, the 'District Commission'), dismissing the Complaint, was affirmed.

(2.) The case of the Complainant is that her wife, Smt. Jharna (hereinafter referred to as the 'patient') was operated at SNR Carnival Hospital on 17/1/2013 and suffered post-hysterectomy Vasicovaginal Fistula (VVF). Therefore, the patient further got operated at CMC, Vellore and incurred huge expenditure. It was further alleged that the hysterectomy was performed without informed consent.

(3.) The learned Counsel for the Petitioner argued that the couple approached SNR Carnival Hospital for treatment. There was no definite indication of malignancy in the uterus / ovary of the patient but the Hysterectomy was performed by unnecessarily. The alternative methods of treatment were not told, and without obtaining "Informed Consent" from the couple, the Hysterectomy was performed under RSBY Scheme for making profit, violating the principles of ethics framed by "Medical Council of India" and similar Organizations.