LAWS(NCD)-2013-9-1

ORIENTAL INSURANCE COMPANY LTD Vs. BIKKINA LAKHSMI KANTHAM

Decided On September 06, 2013
ORIENTAL INSURANCE COMPANY LTD Appellant
V/S
Bikkina Lakhsmi Kantham Respondents

JUDGEMENT

(1.) RP no. 3292 of 2012 has been filed under section 21 (b) of the Consumer Protection Act, 1986 against the final judgment and order dated 15.02.2012 passed by the Andhra Pradesh State Consumer Disputes Redressal Commission, Hyderabad ( 'the State Commission ') in First Appeal no. 225 of 2010. The brief facts of the case as per the respondent no. 1/complainant are that the respondent/complainant is a resident of Rajahmundry and she approached respondent no. 2/ opposite party no. 1 who is running a nursing home under the name and style of "Sreeram Nursing Home '. On 20.01.1998, as an outpatient for treatment of back pain and bleeding at the time of monthly periods due to uterus trouble.

(2.) THE respondent no. 2/ OP no. 1 after verification of the annexure B and C reports, advised the respondent to undergo Hysterectomy operation. Respondent no. 2/ OP 1 conducted the operation on 07.02.1998 and discharged the respondent on 14.02.1998. In spite of the medicines, used as prescribed by the respondent no. 2, the respondent no. 1 has been suffering with over sweating, folding of the skin, getting frequent fever and the entire body suffering with soothing pains.

(3.) THE respondent then lost confidence on the treatment administered by the respondent no.2 and approached another Gynaecologist on 26.03.1999. The said Gynaecologist informed the respondent no. 1 that side effects may occur due to the removal of ovaries and in the case of the respondent, there was reason for removal of ovaries of the respondent as per the scanning report.