RAJNI SHUKLA Vs. RAJENDRA KUMAR AGARWAL

JUDGEMENT

(1.) This revision is directed against an order passed by the Madhya Pradesh State Consumer Disputes Redressal Commission, Bhopal in Appeal No. 1054 of 2001 dated 18.11.2002 dismissing the appeal filed by the complainant and allowing the appeal filed by the opposite parties.

(2.) The complainant Smt. Rajni Shukla and her husband Sh. S.P. Shukla filed a complaint before the District Forum against Sh. Rajendra Kumar Agrawal, Sh. Dinesh Kumar Agrawal, Smt. Usha Nair, Dr. S.P. Tiwari and the Collector, Satna alleging that Rajendra Kumar Agrawal and Dinesh Kumar Agrawal, are the Director and Proprietor of Mani Pathology Clinic and they neither had any licence nor they had any experience nor any degree nor diploma in pathology to run this pathology clinic. Respondent No. 3, Smt. Usha Nair was Technician, Mani Pathology Clinic. Respondent No. 4 Dr. S.P. Tiwari had provided premises to Private Mani Pathology Clinic without permission of the concerned Department.

(3.) Mrs. Rajni Shukla was admitted to the hospital on 14.3.1994 at 3.30 a.m. On 14.3.1994, Dr. Smt. Rekha Tripathi advised for urine test for pregnancy test. It is apparent that urine sample was sent from the hospital to Mani Pathology Clinic for pregnancy test during day and working hours of the Pathology Lab. Mani Pathology Clinic issued a negative report for pregnancy on 14.3.1994. It is alleged that after confirming that it was a case of missed abortion, evacuation was done by Dr. Rekha Tiwari. On 20.8.1995, she was found again pregnant and urine test was found positive. On 26.6.1996, the complainant filed a complaint.