SENTHIL SCAN CENTRE Vs. SHANTHI SHRIDHARAN & ANR.

JUDGEMENT

(1.) THIS appeal is filed by M/s. Senthil Scan Centre, the original opposite party (appellant herein), being aggrieved by the order dated 19.6.1998 in Complaint No. 89 of 1996 of the Tamil Nadu State Consumer Disputes Redressal Commission at Chennai directing the appellant to pay Rs. 5,00,000 to the original complainant, Mrs. Shanti Shridharan (respondent No. 1 herein), along with the interest at the rate of 15% per annum and the cost of Rs. 3,000.

(2.) BRIEF facts of the case are:

(3.) THE appellant is a scanning centre with ultrasound scanning facility and respondent No. 2, Dr. (Mrs.) Ravi Chandrika, is one of the doctors who carries out the scanning examinations including the ultrasound examination. The respondent No. 1, Ms. Shanti Shridharan, was pregnant and approached the appellant for taking a diagnostic ultrasound picture specifically to seek report regarding her pregnancy. The appellant carried out scanning on 9th December, 1995; 21st March, 1996 and 24th June, 1996. The first report given on 9th December, 1995 showed fetal cardiac pulsation and confirmed a single live baby but did not suggest any malformation or other physical defects. The radiologist specifically confirmed that fetal organs were visualized and there were no obvious anomalies as revealed by this report. The respondent No. 1 felt assured that she could continue with pregnancy because there were no anomalies in the fetal frames as noted in the report.