MITHLESH Vs. MEDICAL OFFICER (INCHARGE) PRIMARY HEALTH

JUDGEMENT

(1.) The present revision petition no. 3997 of 2014 has been filed against the order dated 10.09.2014 passed by the Uttar Pradesh State Consumer Disputes Redressal Commission, Lucknow ('the State Commission') in Appeal no. 2278 of 2011.

(2.) The brief facts of the case as per the petitioner/ complainant are that the petitioner is a married woman aged about 30 years; she is having four small children. The petitioner with on the misguided advice of the respondents/ opposite parties had got done her family planning operation by microscopic stitching on 12.12.2003 at Primary Health Center, Dholana. The said operation was done by the respondents with the help of another doctor and the operation fee of ? 65/- was charged from the petitioner and ? 350/- was granted to her by UP Government and which with her consent was received by them. Hence, the respondents provided service of family planning to the petitioner after receiving the regular fee and money from her.

(3.) After the operation, the petitioner was assured that in future no child would be born to the petitioner. Sometime after the operation, she fell ill and experienced the symptoms of pregnancy. Pathology test and other necessary test reports dated 28.03.2004 and 01.04.2004, confirmed the pregnancy of the petitioner. At that time the doctors informed the petitioner that she was 9 weeks pregnant. The petitioner after learning of her pregnancy suffered great mental agony and fell ill, because of which, she had to spend ? 15,000/- for her treatment and protection of her pregnancy. The petitioner due to acute physical weakness and illness was not in a position to sustain her pregnancy, therefore, with the advice of the doctors, to escape pregnancy she had obtained the services of the respondents by getting operated on 12.12.2003.