SUBASH PRASAD Vs. VIDYA @ VIDYA RANI SINGH

JUDGEMENT

(1.) The Complainant- Mr. Subhash Prasad took his wife Anita Devi to the OP-Dr. Vidya Rani Singh for Tubectomy operation, which was performed on 03.12.2000. The complainant paid a sum of Rs.1250/- to the doctor towards fee for the operation. Patient Anita Devi developed severe pain which was persisting for six months thereafter started losing her weight and appetite. She visited another doctor, Dr. Suniti Prasad of Ara, who confirmed the patient was carrying pregnancy. Subsequently, the patient delivered a female baby on 30.04.2004 at the Clinic of Dr. Suniti Prasad. Hence, the complainant alleged that the OP had not conducted the family planning operation properly; therefore, she got conceived and gave birth to unwanted female baby child, which caused her tremendous mental agony, harassment and expenditure to bring up her 4th unwanted female child. Hence, it was deficiency and approached the District Forum for compensation in the sum of Rs. 3,85,000/- under different heads.

(2.) The District Forum allowed the complaint and ordered that "Opposite Party to refund Rs. 1250/- to the Complainant within a period of two months from the date of receipt of this order. The Opposite Party is further directed to pay Rs. 25,000/- to the Complainant by way of compensation within the aforesaid period of two months. The Opposite Party shall also pay a cost of Rs. 1,000/-."

(3.) Aggrieved by the order of the District Forum, the OP preferred the First Appeal before the State Commission. The State Commission modified the order of District Forum and directed the OP to pay Rs. 25,000/- to the complainant, within three months from the date of order.