VISHVJIT SINGH NALWA Vs. CITI BANK

JUDGEMENT

(1.) This case reveals to what extent there can be deficiency in service by the medical practitioner.

(2.) This appeal is filed against the judgment and order dated 28th January, 1997 passed by the Kerala State Consumer Disputes Redressal Commission in Complaint No. 232 of 1991, whereby the complaint alleging deficiency in service and medical negligence against the respondents, was dismissed. Hence, the appeal.

(3.) Brief facts of the case are: The first appellant, Baby Geetha (Naveen), is the son of Mrs. Geetha Shibu Thomas and Mr. Shibu Thomas, appellant Nos. 2 and 3 respectively. The appellants' case is that the appellant No. 1 was born at the Cosmopolitan Hospital (P) Ltd., Thiruvananthapuram, respondent No. 1, on 13.12.1989 under the care of respondent No. 2, Dr. M. Subhadra Nair, Consultant Obstetrician and Gynaecologist and respondent No. 3, Dr. G.R. Nandkumar, Consultant Pediatrician. Appellant No. 2 was pregnant and was expecting her first baby and, therefore, visited respondent No. 2 on 13.11.1989. Respondent No. 2 Dr. Nair told her that the expected date of delivery is 6th December, 1989. The appellant No. 2 again visited Dr. Nair on 1st December. Appellant No. 2 did not develop any labour pain on the expected date, i.e., 6th December. She, therefore, visited Dr. Nair once again on 8th December and on her advice she got herself admitted in the hospital (respondent No. 1).