LAWS(NCD)-2007-12-13

DEO KUMAR SINGH Vs. C B P SINHA

Decided On December 11, 2007
DEO KUMAR SINGH Appellant
V/S
C B P SINHA Respondents

JUDGEMENT

(1.) -THIS First Appeal is filed against the order dated 16. 7. 2004 passed by the Bihar State Consumer Disputes Redressal Commission in Complaint Case No. 44/1997 dismissing the complaint alleging deficiency in service by the opposite party, Dr. C. B. P. Sinha. Hence, the complainant-Shri Deo Kumar Singh is in Appeal before us. Brief facts of the case are: the appellant/complainant's wife Smt. Geeta Singh was examined by one Dr. (Smt.) Rekha Prasad at Patna on 24. 9. 1991 when she was found to be pregnant for two months. As Smt. Geeta Singh was complaining of pain in stomach, she was given some medicines and was asked to get the blood test done. Accordingly, the complainant took his wife to the opposite party, Mayur Laboratories for the blood test. The opposite party in its report of the same date, i. e. , 24. 9. 1991 stated that Smt. Geeta Singh's blood group was Rh Positive A. In spite of treatment given by the attendant Dr. Rekha Prasad, on the basis of the blood test report, Smt. Geeta Singh was continued to have problems and she was advised to go in for the abortion. Accordingly, Smt. Geeta Singh aborted the child. Subsequently, she conceived again for a second time. Though she approached Dr. Rekha Prasad well in time and took complete bed rest, there was bleeding and she again had to be aborted. Smt. Geeta Singh conceived for the third time. She has been consulting Dr. Rekha Prasad right from the beginning, and, in spite of some complications, she somehow delivered a baby.

(2.) SMT. Geeta Singh conceived for the fourth time and because of the previous unhappy episodes, this time, she consulted another lady Doctor, Dr. (Smt.) Kiran Verma on 13. 9. 1997 who prescribed some blood tests.

(3.) THE complainant got his wife's blood tested on the same day in Sarkar Laboratories, which gave a report dated 13. 9. 1997 stating that the blood group was RH AB OA Negative. This blood report was totally at variance with the previous report given by the opposite party as far as Rh factor is concerned. While report given by the opposite party on 24. 9. 1991 showed the RH factor as positive the suosequent report of 1997 given by Sarkar Laboratories showed the Rh factor as negative. It is a well established fact that the Rh factor remains permanent and does not change in a person.