DELHI IVF AND FERTILITY CLINIC Vs. LINA GOYAL

JUDGEMENT

(1.) On account of negligence in not providing the requisite post care treatment to the respondent who had availed the services of the appellants for treatment of IVF Procedure commonly called as Test Tube Baby Procedure, the District Forum has vide impugned order dated 3.3.2001 held the appellants Delhi IVF and Fertility Centre and Dr. Anoop Gupta guilty of deficiency in service and directed to refund fees/medicines/investigation charges/room charges etc. charged from the respondent with a sum of Rs.25,000 as compensation towards mental and physical pain suffered by the respondent besides Rs.5,000 as cost of litigation.

(2.) Feeling aggrieved the appellants have preferred this appeal.

(3.) The case of the respondent before District Forum in brief was that the respondent availed services of the appellants for treatment of IVF procedure commonly called as Test Tube Baby procedure vide appellant's case File No. Reg. No.462/94 for a consideration of fees as demanded by O. P. As per the respondent the procedure was planned from 6.11.1994 to 26.11.1994 and problem started with the respondent when she was informed by Dr. Sanjay Patil (O. P. No.3 before District Forum) that he is leaving for Bombay on 27.11.1994 to attend marriage of his sister. During this period, the respondent was to remain under observation and care of the expert of this procedure. Respondent was told by the appellant No.2 and Dr. Sanjay Patil that no complication is expected during next 14 days and promised her that Dr. Sanjay Patil shall be back by 9.12.1994 for review. Dr. Sanjay Patil also gave his telephone number of Bombay where he could be contacted by the respondent. On 28.11.1994 respondent developed some problems which were discussed by Dr. Sanjay Patil over telephone who suggested some medicines. On 30.11.1994 the condition of the respondent further deteriorated and husband of the respondent contacted Dr. Sanjay Patil who expressed his inability to come to Delhi, at that juncture respondent's husband also contacted appellant No.2 who informed that it was Dr. Sanjay Patil who could be of any help in such complicated cases. Respondent's husband requested appellant No.2 to call Dr. Sanjay Patil over telephone but he ignored the request by saying that this is a minor complication and everything shall be all right in a day or two. As per the respondent as no alternative was left she was rushed to Spring Meadows Hospital in East of Kailash where she was treated. As per Dr. Sanjay Patil, he arrived on 3.12.1994 and visited respondent at about 12 noon and after seeing the condition of the respondent felt sorry and agreed that this was the complication of IVF Procedure.