LAWS(NCD)-2019-12-59

KARAN HOSPITAL Vs. S. ANIL KUMAR

Decided On December 19, 2019
Karan Hospital Appellant
V/S
S. Anil Kumar Respondents

JUDGEMENT

(1.) Dissatisfied by the order dated 11.09.2014 in Complaint Case No. 110/2010 passed by the Andhra Pradesh State Consumer Disputes Redressal Commission, Hyderabad (in short "the State Commission"?), M/s Karan Hospital (hereinafter referred to as "the Hospital"?) preferred First Appeal No. 29 of 2015 and the Complainant preferred First Appeal No. 33 of 2015, seeking enhancement under Section 19 of the Consumer Protection Act, 1986 (in short "the Act"?). By the impugned order, the State Commission has allowed the Complaint in part directing Opposite Parties No. 2 and 3 namely the Hospital and Dr. Aruna, Gynecologist (hereinafter referred to as "the Gynecologist"?) to pay Rs. 5,00,000/- towards compensation and costs of Rs. 5,000/- to be paid within four weeks. The Complaint against Opposite Parties No. 1 and 4 to 6 was dismissed without costs.

(2.) As both these Appeals are arising out of the same impugned order, the same are being disposed of by this common order.

(3.) The facts material to the case are that the Complainant's Daughter Ms. Sneha, a graduate in Biochemistry, was working in a Call Center and earning an amount of Rs. 12,000/- per month. While so, on 09.04.2009 at about 10.30 p.m. the Complainant received a phone call from Dr. Bhaskar of Care Hospital stating that his daughter was in a critical condition. On rushing to the Hospital, the Complainant was informed that an abortion was conducted on his daughter (hereinafter referred to as "the Patient"?) at Karan Hospital and was later shifted to Care Hospital as her condition become serious. It is averred that Opposite Parties No. 4 and 5 were introduced as the sister and brother in law and Mr. Gautham Krishna, namely Opposite Party No. 6 as her husband.