MANISH NIRMAL Vs. ALKA YADAV

JUDGEMENT

(1.) This Revision Petition has been filed under Sec. 21(b) of the Consumer Protection Act, 1856 (the 'Act') against the order of the State Consumer Disputes Redressal Commission Haryana (State Commission) dtd. 11/9/2012 in First Appeal No. 129 of 2010. In the impugned order, the Appeal by Petitioners/Complainants was dismissed, thereby, upholding the order dtd. 15/9/2008 passed by the learned President and order dtd. 24/12/2009 passed by Shri Azad Singh Ghanghas, Member of the learned District Consumer Disputes Redressal Forum, Narnaul (hereinafter 'District Forum') and dismissed the order dtd. 15/9/2008 passed by Smt. Kumudani Srivastava in CC No. 270 of 2006, wherein the Complainant's complaint was allowed.

(2.) For convenience, the parties in the present matter are referred as per the Complaint before District Forum.

(3.) Brief facts of the case, as per the Complainant, are that the deceased, wife of Complainant No.1 was pregnant for the second time in June 2005. During her pregnancy, she was regularly examined by Dr. Alka Yadav (OP-1) at Shanti Hospital, Narnaul. In August 2005, OP-1 informed Complainant No.1 that his wife was carrying twins, as reflected in the report dtd. 17/8/2005. On 13/3/2006, the deceased was admitted to Shanti Hospital for delivery. Although OP-1 completed the necessary preparations, she informed Complainant No.1 that she had developed jaundice and decided to delay the delivery, keeping her admitted until 15/3/2006. OP-1 repeatedly assured that there was no danger and that the jaundice would be controlled, but hre condition continued to worsen. On 15/3/2006, OP-1 advised Complainant No.1 to transfer his wife to Jaipur, which he did. She was admitted to OP-2 hospital at 7:00 A.M. on 15/3/2006, where OP-3 examined her and assured a speedy recovery. At about 1:30 P.M., Complainant No.1 was informed that twins had been delivered through an operation and that both the mother and babies were healthy. However, her condition deteriorated, leading to her admission to the ICU at 5:00 P.M. On 17/3/2006, OP-3 indicated the need for a second operation, which was performed by OP-4 on 18/3/2006, and was deemed successful. Despite assurances, the deceased remained in the ICU for 13/14 days. On 10/4/2006, OP- 5 and 6 discharged her despite her poor condition and she was brought back to Narnaul on 11/4/2006 and continued her prescribed medication. Unfortunately, during the night of April 13-14, 2006, she passed away. Consequently, Complainant No. filed a complaint and sought compensation of Rs.16,60,000.00 with 12% interest from the OPs.