GOVT. OF NCT OF DELHI Vs. BABITA

JUDGEMENT

(1.) The present Revision Petition has been filed before this Commission under Section 21(b) of the Consumer Protection Act, 1986 against the impugned order dated 11.07.2013 in Appeal No. 192 of 2009 passed by the State Consumer Disputes Redressal Commission (in short, 'State Commission'). The State Commission dismissed the Appeal. The Appeal was filed against the orders passed by the District Consumer Disputes Redressal Forum, (in short, 'District Forum') in Complaint No. 142/2005 dated 18.10.2008.

(2.) The Complainant, Smt. Babita, underwent a Laparoscopic Tubectomy (Sterilization operation) on 10.04.2002. Thereafter, she got conceived and delivered a female baby on 18.12.2004. Hence, she alleged the deficiency in service on the part of OP who conducted the tubectomy operation negligently which caused pregnancy. She filed a complaint before the District Forum.

(3.) The District Forum allowed the complaint and directed the OP to pay Rs.30,000/- towards negligence in tubectomy operation and Rs.60,000/- for bringing up the child, Rs.3,000/- towards the mental agony and Rs.1,000/- as costs. The District Forum observed that suffering and delivery of the child after the operation, clearly shows deficiency in service on the part of OP.