RANJNA BHARDWAJ Vs. REKHA RANI

JUDGEMENT

(1.) These are two cross appeals bearing Nos.314 and 324 both of 2003 filed by the complainant Smt. Rekha Rani and the O. P. Dr. (Mrs.) Ranjana Bhardwaj wife of late Dr. Rajesh Bhardwaj against order dated 1.4.2003 passed by the District Consumer Disputes Redressal Forum-II, U. T. , Chandigarh [for short hereinafter referred to as the District Forum] in Complaint Case No.575 of 1999. The complainant Smt. Rekha Rani in her appeal seeks modification of the impugned order of the District Forum and prays for enhancement of compensation awarded by the District Forum. The O. P. Dr. (Mrs.) Ranjana Bhardwaj, on the other hand, challenged the impugned order and prays for setting aside of the impugned order and dismissal of the complaint case. Since the two appeals arise out of one and the same judgment, they are being disposed of by this common order, which is being passed in Appeal No.324 of 2003. The main appeal, which challenges the impugned order, is the appeal filed by Dr. (Mrs.) Ranjna Bhardwaj. We proceed to examine the appeal filed by OP No.2 - Dr. (Mrs.) Ranjna Bhardwaj.

(2.) The complaint was filed in the District Forum by Smt. Rekha Rani wife of Shri Pradeep Kumar resident of Quarter No.107, Army Flats, Mansa Devi Complex, Panchkula in the State of Haryana in which she impleaded Dr. Rajesh Bhardwaj and the present appellant Dr. (Mrs.) Ranjna Bhardwaj. The complainant was on family way having gone two months in pregnancy when she had acute pain. The complainant was taken by her husband Shri Pradeep Kumar to Bhardwaj Clinic at Pipliwala Town, Manimajra which was being run by Dr. Rajesh Bhardwaj and Dr. (Mrs.) Ranjna Bhardwaj. The complainant was examined on 13.3.1999 at the clinic aforesaid and the OPs advised the complainant that as she was having excessive pain due to abnormality in the preganancy, hence she should undergo medical termination of pregnancy (for short hereinafter to be referred as MTP ). The consent of the complainant and her husband having been taken, the complainant was called on 14.3.1999 by the O. Ps. in their clinic where a sum of Rs.1,000/- was demanded towards the fee which was paid but no receipt was issued for the same. The abortion was carried out by the OPs who prescribed some medicines and the complainant was asked to go home. The prescription slip Annexure 'a' is dated 14.3.1999. That very day in the night around 10.00 p. m. , the complainant developed pain in her stomach again. The husband of the complainant approached the O. Ps. on 15.3.1999 in the morning at their residence and the O. Ps. checked the complainant again and told her husband and father-in-law as there was nothing to worry about, as the complainant would be all right within 2-3 days. The prescription of medicines was slightly also changed and the changed prescription was annexed as Annexure 'b'.

(3.) The O. Ps. advised the complainant to take rest and medicines as prescribed to her. After taking medicines, the complainant felt some relief but she was still not quite well as she felt pain in her stomach. The pain became severe in the evening of 19.3.1999 when her husband immediately contacted the O. Ps. and apprise them about her condition. The O. P. , however, flatly refused to accompany her husband and told that their job was only to carry out the operation and further told that they are not responsible for any further complication. The parents-in-law of the complainant immediately called a specialist in the gynaecology residing in the nearby house and running her clinic in Panchkula who checked the complainant and gave injection and painkiller and advised her father-in-law and her husband to bring the complainant to her clinic in the morning. The prescription slip was annexed as Annexure 'c'. The complainant was taken up by the husband and father-in-law to the said clinic on 20.3.1999, where she was examined by the doctor and kept under observation and advised for ultra sound which was got done in Sector 4, Panchkula on 21.3.1999 vide report Annexure 'd'. The report of ultra sound was perused by the doctor who told the complainant that some cotton swabs and some small part of pregnancy had been left in the uterus at the time of conducting the M. T. P. The cotton and pieces of pregnancy were removed from the uterus and then she felt relief. Some more blood and urine tests were got done and medicines were provided to the complainant. The complainant, however, did not feel much relief and again she contacted the lady doctor who told her that some infection had been caused in the uterus for 5-6 days. The condition, however, did not improve and rather deteriorated when the complainant approached the Government Medical College and Hospital, Sector 32, Chandigarh [for short hereinafter to be referred as GMCH] on 26.3.1999. In the morning, she was admitted in the emergency. Various tests were conducted and operation was performed by the team of doctors the same day, she was sent to septic ward.