PADMA N RAO Vs. ASHABAI

JUDGEMENT

(1.) The opposite parties have preferred this appeal against the order of the Salem District Consumer Disputes Redressal Forum which directed them to pay a compensation of Rs.25,000/- towards mental agony and Rs.500/- as costs.

(2.) The gist of the complainant's case is that in spite of sterilization operation underwent by her at the hands of the opposite parties, she conceived and thus there was negligence on their part. Hence they are liable for deficiency in service. The complainant was working as a nurse at Erode. She underwent family planning operation on 8.5.1991. She immediately left for a job in Saudi Arabia in 1993. She joined as a nurse there. While she was working, she became pregnant and, therefore her services were terminated by the hospital there on 15.1.1994. Thus, from 15.1.1994 she lost her job and earning. As result, she was put to much mental agony and, therefore, she has chosen to approach the lower Forum for certain reliefs.

(3.) The opposite parties contended that there was no negligence and that the operation was done according to the norms with latest equipments and if the complainant had conceived subsequently, the opposite parties cannot be held responsible and there was no negligence or deficiency in service and hence the complaint should be dismissed.