B DUBEY DUBEY NURSING HOME Vs. BHAGVATI SHARMA

JUDGEMENT

(1.) this appeal under Sec.15 of the Consumer Protection Act, 1986 , is directed against the order dated 28.4.2000 in Complaint No.52/1997 by District Consumer Disputes Redressal Forum, Bilaspur (hereinafter called the 'district Forum' for short) awarding a sum of Rs.20,035/- as compensation as also cost of Rs.1,000/- to the complainant.

(2.) The complainant/respondent averred in her complaint that tubectomy operation was conducted by appellant doctor on 5.3.1991. Despite the above operation, she again became pregnant. According to the complainant/respondent the tubectomy operation was not properly conducted by the appellant doctor. Therefore, she claimed compensation of Rs.3.00 lacs.

(3.) The complaint was resisted by the appellant doctor. According to her version the pregnancy as above took place after more than 4 years of the operation. It was averred that such pregnancy cannot be subscribed to any negligence or technical fault, and was not due to deficiency in service on the part of the appellant. It was averred that the sterilization procedure of the complainant was done at the request of the complainant/respondent as per modified pomeroys MTP method which is in routine considered the best method of the above procedure. It was averred that second conception could be caused due to reasons, beyond the control of any doctor. It was further averred that reconception takes place due to reunion of cut ends of the tube as a result of physiological process in some persons. Recannallization as above is not due to any fault of operation and sterilization of the female is not 100% successful.