MINABEN NATVERLAL DARJI KAPADIYA Vs. BHARGAVI M GUPTA

JUDGEMENT

(1.) This complaint is filed by Smt. Minaben Natwarlal Darji "Kapadia" against Dr. Bhargavi Gupta for deficiency in service and negligence in the medical treatment. Complainant asks for compensation of Rs. 7,00,000 with 18% interest (Complaint Page 9).

(2.) Complainant states that she has 3 daughters aged 10, 7, 4 years of age. Opponent is specialist in diseases of women, pregnancy and infertility. Opponent also runs Sonography Clinic. Opponent gives her services on payment of charges and thus under Consumer Protection Act Section 2(1) they are covered.

(3.) Complainant had pregnancy of 3 months and had gone to opponent (Dr. Gupta) for treatment. On inquiry by opponent Doctor complainant had shown desire for male child. On 29.5.1997 sonography was done, pregnancy of 21/2 months and female foetus was diagnosed and was "asked" to get the abortion done. Complainant paid charges for services; complainant was called on 1.6.1997 for abortion by opponent doctor and was assured of no harm.