HARYANA STATE Vs. GUDDI

JUDGEMENT

(1.) This revision is directed against the order dated 28.5.2001 of Consumer Disputes Redressal Commission Haryana, Chandigarh dismissing appeal against the order dated 15.6.1998 of a District Forum whereby petitioners/opposite parties were directed to pay total amount of Rs. 1,43,000 to the respondent/complainant.

(2.) Facts giving rise to this revision lie in a narrow compass. Respondent, who did not want another child, underwent sterilization operation on 3.2.1994 in General Hospital, Hissar. Respondent alleged that she was told by petitioner No. 2/opposite party No. 2 that her operation was successful. She paid amount of Rs. 200 as consideration for the operation to petitioner No. 2 in addition to paying token money to petitioner No. 1/opposite party No. 1 for registration. It was further alleged that respondent again became pregnant and gave birth to a female child on 6.9.1997. In General Hospital, Hissar, indoor facility is available to both male and female patients and they are treated for consideration in private wards.

(3.) By referring to the decision in Indian Medical Council v. V.P. Shantha and Others, III (1995) CPJ 1 (SC)=1995 (6) SCC 651, it was stated that respondent is a 'consumer' within the meaning of Consumer Protection Act, 1986 (for short the Act). Alleging deficiency in service, respondent filed complaint claiming amount of Rs. 2,16 lakh being the expenses for upbringing the female child upto the age of 18 years, Rs. 5,000 spent on delivery and Rs. 79,000 towards physical and mental agony against the petitioners. Petitioners contested the complaint by filing written versions. By way of preliminary objection, it was alleged that sterilization cases are done under the National Family Welfare Programme and money including diet, etc. is paid by the Government of India and respondent being not a 'consumer', the complaint is not maintainable. On merits, it was admitted that sterilization operation of the respondent was done on 3.2.1994. Same was performed by Dr. R.S. Dalal, then medical officer, Government Hospital Hissar, who has done thousands of cases successfully. Amount of Rs. 130 was paid to the respondent after the operation was over. It was denied that amount of Rs. 200 was charged from the respondent. It was alleged that General Hospital, Hissar is 200-bedded Hospital having outdoor and indoor facilities. In case of FW acceptors, cases are treated free of cost under the said programme. It was denied that any claim was made by Dr. Dalal regarding success of the case. It was further stated that in case the respondent did not want child, she should have taken the services of MTP in Government Hospital, Hissar free of cost. Liability to pay the claimed amount was emphatically denied.