Complaint No. 838/3.12.2009
Date of order: 21.12.2009
1. Seema wife of Sh. Mishri Lal.

2. Mishri Lal son of Sh. Bhawani Prasad,

Both residents of Kaccha Malak Road, Jagraon, now resident of R.S.D. Public School complex, Ferozepur City.

(Complainants)
Vs.

1. The State of Punjab through Distt. Collector, Ludhiana.

2. The Punjab health Department through Civil Surgeon, Ludhiana.

3. The Principal Secretary to Govt. of Punjab, Health and Family Welfare Department, Civil Secretariat, Chandigarh.

4. The Senior medical officer/Incharge, Civil Hospital Jagraon, Distt. Ludhiana.

5. Dr. Sukhdev Singh, Medical officer, Civil Hospital, Jagraon now posted at Civil Hospital, Raikot, Distt. Ludhiana.

6. Insurance Company with whom the failure of sterilization operation were insured (particulars to be disclosed by opposite party no.1 to 5)
(Opposite parties)

COMPLAINT UNDER SECTION 12 OF THE CONSUMER PROTECTION ACT, 1986.

Quorum:
Sh. T.N. Vaidya, President.

Sh. Rajesh Kumar, Member.

Smt. Priti Malhotra, Member.

Present:

Sh. Vikram Singh Advocate for the complainant.



O R D E R

T.N. VAIDYA, PRESIDENT:

1. In this complaint under section 12 of the Consumer Protection Act, 1986, case of the complainant is that she got herself sterilized on 14.4.2005 from opposite party no.5, doctor in hospital of opposite party no.4. She at that time was assured that will not conceive after this operation. But on 6.6.2006 delivered a child. She claimed that sterilization operation was negligently done and consequently for birth of child after such operation is entitled to compensation of Rs.2,00,000/-.

2. We feel that no negligence on the part of operating doctor is made out. Failure of sterilization operation can not be termed due to negligence of the doctor. Consequently, we do not admit this complaint, which stand rejected. Copy of the order be supplied to the complainant free of costs. File be consigned to record after registration.