SULOCHANA LAD Vs. DR. MOHAN GERRA & ANR

JUDGEMENT

(1.) - The Complainant has preferred this First Appeal, under Sec. 19 of the Consumer Protection Act, 1986 (for short the Act ), questioning the correctness and legality of the order dated 12.4.2007, passed by the Maharashtra State Consumer Disputes Redressal Commission (for short the State Commission ), in Consumer Complaint No. 237 of 1997. By the impugned order, the State Commission has come to a conclusion that there was no medical negligence on the part of the Opposite Parties, as alleged against them a 1 has thus, dismissed the Complaint. Opposite Party No. 1, Respondent No. 1 herein, was the owner of a Blood Bank and Opposite Party No. 2, Respondent No. 2 in this Appeal, is the Doctor, who had performed the Caesarean Sec. on the Complainant.

(2.) The Complainant is married to one Chandrakant Lad. On 6.5.1993, she gave birth to a female child. Ln the year 1996, for her second delivery, she consulted Respondent No. 2, (for short the Treating Doctor ). On 17.7.1996, she was subjected to routine blood tests including Enzyme Linked Immunosorbent Assay (ELISA) test for HIV I and HIV II antibody, which were all negative. On her visit to the Treating Doctor, on 20.1.1997, she was advised immediate admission in the hospital for delivery. At the time of admission, a printed form, in vernacular, titled as Information and some Rules was got signed from the Complainant, translated version of the said form reads as follows: Dr. Mhaskar's Hospital Murbad Road, Kalyan Name: Sulochana Chandrakant Lad <FRM>JUDGEMENT_119_LAWS(NCD)3_20161.htm</FRM> Information and Some Rules:

(3.) While in labour, at about 6.00 a.m. on 21.1.1997, she developed certain complications, upon which, the Treating Doctor advised Caesarean Section. Her husband was asked to arrange for two units of blood from the Pathology Centre/Blood Bank of Respondent No. 1 for transfusion urgently.