KANISHKA Vs. VIBHA DUA AND ORS.

JUDGEMENT

(1.) Revision Petition No. 1005 of 2013 has been filed by the petitioner/complainant against the order dated 14.12.2012, passed by Haryana State Consumer Disputes Redressal Commission, Panchkula (short, "State Commission") in First Appeal No.1286/2012.

(2.) Brief facts of the case as per the petitioner/complainant are that the mother Charu Manchnada wife of Deepak Manchanda was under treatment and under observation of the respondent no.1/opposite party no.1 from the inception of the pregnancy and a female child, i.e., Kanishka - petitioner was born on 23.2.2009. The mother and the petitioner remained under treatment of respondent no.1 against payment of charges, fee etc. by hiring the services of the petitioner. Thus, the petitioner through her mother Charu Manchanda is the consumer of the respondent no.1 under the provisions of the Consumer Protection Act. The respondent no.1 gave assurance, after due checking and tests from time to time to the mother of the petitioner that there was nothing abnormal with the fetus and the child in the womb was quite OK.

(3.) On 23.2.2009, the mother of the petitioner was brought to the Nursing Home of the respondent no.1 where she was admitted and gave birth to the petitioner baby Kanishka under supervision treatment control of respondent no.1. The mother and the petitioner were discharged on 23.2.2009, the same day after delivery. But after a few days, the petitioner seemed to have a problem and did not stop weeping. On 28.2.2009 she was taken by her parents to the respondent no.1, who referred the petitioner to doctor Seema Chanda, Pediatrician Darya Ram Hospital, Sonepat who checked the petitioner and treated but she get no relief. On 5.3.2009, the petitioner was referred to Dr.Anil Jain, Medical Surgeon of Darya Ram Hospital, Sonepat who advised Pharosin drops. She was again taken on 30.3.2009, 11.4.2009, 24.4.2009, 6.5.2009 and 3.6.2009 for checkup and tests. On 6.5.2009, Dr.Seema Chanda advised for Hemoglobin electrophoresis and petitioner went to Hari Pathology Lab Surgeon on 29.5.2009 gave his report on 1.6.2009 on the basis of the above stated test. It was reported by Hari Pathology, Sonepat that Hemoglobin test was found abnormal. Dr.Seema Chandra then referred the petitioner to All India Institute of Medical Science, Delhi for treatment, after going through the report of Dr.Lal Path Lab, Delhi.