KUCKYJOHNEY @ KUCKY MERIN PUNNOOSE Vs. ADMINISTRATOR, ST. THOMAS HOSPITAL & 2 ORS. THE ADMINSTRATOR, ST THOMAS HOSPITAL, CHETHIPUZHA, CHANGANACHEERY KERALA

JUDGEMENT

(1.) - Challenge in these Revision Petitions under Sec. 21(b) of the Consumer Protection Act, 1986 (in short, the Act ) is to the common order dated 16.07.2013 passed by the State Consumer Disputes Redressal Commission, Kerala, Thiruvananthapuram, (in short, 'the State Commission'), in First Appeal Nos.236/2012, 322/2012 and 476/2012. By the impugned order, the State Commission has allowed the Appeals, set aside the order of the District Consumer Disputes Redressal Forum, Kottayam (in short, the District Forum ) in Consumer Complaint No. 121/2006 and dismissed the Complaint.

(2.) Since there are three Revision Petitions, the Petitioner herein is referred to as 'the Complainant', Dr. Molly Thomas, the Gynecologist, as 'the Treating Doctor', the Administrator, St. Thomas Hospital as 'the Opposite Party Hospital' and the Divisional Manager, Oriental Insurance Co. Ltd., as 'the Insurance Company'.

(3.) The facts material to the case are that on 26.07.2004, the Complainant, met the treating doctor, who advised certain tests to confirm pregnancy and continued to treat her, till her delivery. On 13.03.2005, the Complainant was admitted to the Hospital at about 5.00AM due to fluid leakage and at about 10.00 AM, a Caesarean Sec. was performed and the Complainant gave birth to a baby boy. On 18.03.2005, the Complainant suffered from high fever and it was averred that in spite of informing the treating doctor about the fever and shivering, she was discharged from the Opposite Party Hospital, on 19.03.2005 itself. On 20.03.2005, the fever increased. She approached the treating doctor on 21.03.2005 and informed her about the fever. She was referred to a Physician, who gave her some medicines. However, her condition did not improve. When the fever continued, the Complainant once again consulted the treating doctor, but she was informed that it was a common post-operative problem and that there was nothing to be worried about. Thereafter, the Complainant noticed a yellow discharge, oozing out of the surgical wound and also felt some 'hardness', just above the stitches. The Doctor opined that it would take about 3-4 months for the surgical wound to heal and that the hardness was due to contraction of her uterus.