specimen of Complaint

Before the Maharashtra State Consumer Disputes Redressal Commission at Mumbai
(Original Jurisdiction)
Consumer Complaint No. ————— of 1999
Mrs. X of Mumbai
Indian inhabitant residing at
(Full Address)	....	Complainant
		Versus
(i)	Dr Y
(ii)	Dr Z
both of Mumbai Indian inhabitant, 
carrying on their professional activities at
(Full Address)	....	Opposite Parties
To
The Hon’ble President and his Companion Members of the State Commission Maharashtra at Mumbai
The Complainant Abovenamed Most Respectfully States as Follows.
1.	The Complainant is an individual, a Hindu, Indian inhabitant residing at (Full Address of Complainant).
2.	The Opposite Parties are surgeons rendering medical services for consideration to potential patients, which includes prenatal medical services, delivery, after delivery and allied medical services to inpatients and outpatients at their hospital, namely, (Name) Hospital at (Address).
3.	The Complainant states that she availed of the medical services rendered by the Opposite Parties in respect of her first delivery.
4.	The Complainant delivered a baby girl on (Date) at (Name & Address of Hospital). The delivery was done by vacuum forceps operation and she was discharged from the hospital on (Date).
4.1	Immediately after discharge of the Complainant, she complained that (describe the exact nature of the problem) and, therefore, she was examined on (Date) by the Opposite Parties at their Hospital and it was noticed that rectovaginal fistula had developed. On (Date), the Complainant was operated for rectovaginal fistula by the Opposite Parties at their Hospital.
4.2	As the abovementioned operation gave no relief to the Complainant, she was taken to a specialist, one Dr A at —— Hospital on (Date). The Complainant was admitted to —— Hospital on the same day. After examining the Complainant, Dr. A observed that the damage to the Complainant was such that it needed multiple-stage repairs. Hereto annexed and marked Exhibit “A” is a copy of the letter dated (Date) from (——Hospital) stating clearly events.
4.3	On (Date), the first stage repair operation, namely, “colostomy”, was done by Dr. A at —— Hospital. Hereto annexed and marked Exhibit “B” is a copy of discharge summary No (  ) of —— Hospital concerning the said operation.
4.4	On (Date), the Complainant was again admitted to —— Hospital for second stage repair operation, namely, “sphincteroplasty”. Hereto annexed and marked Exhibit “C” is a copy of discharge summary No  (     ) of —— Hospital concerning the said operation.
4.5	On (Date), Dr A advised physiotherapy for faradic current stimulation. After about a month, physiotherapist suggested second consultation with Dr A to consider advisability of faradic stimulation. Dr A suggested few faradic current stimulations to demonstrate action of anal contraction. Hereto annexed and marked Exhibit “D” is a copy of Dr. A’s note dated (Date).
4.6	In the meanwhile, the Complainant had made a claim for reimbursement of medical expenses in respect of which the Complainant was covered. However, by its letter dated (Date), the insurance company rejected the Complainant’s claim on the ground that according to their panel doctor, recto-vaginal fistula developed due to incorrect episiotomy and, therefore, the claim which fell under exclusion No. 4.12 of the insurance policy was not tenable. Hereto annexed and marked Exhibit “E” is a copy of the letter dated (Date) of the (Name of Insurance Co).
4.7	During the last week of (Month, Year), Dr A in his note dated (Date) eventually suggested surgical repair of anal sphincter. Accordingly, on (Date), the Complainant was again admitted to —— Hospital where Dr A recommended the third-stage repair operation, viz., “sphincteroplasty and excision of fistula”. The Complainant was operated on (Date) by Dr A for reconstruction of perineal body and redo of anal sphincteroplasty. The Complainant was discharged from ——Hospital on (Date) with the remarks on discharge card “conspicuous leak in certain positions” and “closure of colostomy with colocolic anastomosis under S.A.”. Hereto annexed and marked Exhibits “F”, “G” and “H” are the copies of Dr A’s note dated ( Date) discharge summary No (   ) dated (Dates) and discharge card No (   ) dated (Date) respectively.
4.8	As of date, the Complainant continues to suffer from the grievous effects of the damage caused by rectovaginal fistula and cannot pass stool in normal manner without using colostomy bag, each time she has to relieve herself in toilet.
5.	The Complainant says and submits that the Opposite Parties have rendered deficient medical services which caused the Complainant to incur substantial amount running into several lakhs on the medical treatment, four surgical operations including the operations for three stage repairs, cost of medicines, colostomy bags, consultation fees of specialists, etc. The Complainant also states that all these expenses are squarely attributable to the damage caused by rectovaginal fistula stated to have developed due to incorrect episiotomy.
6.	The Complainant submits that not only have the Opposite Parties caused financial hardship to the Complainant but have also caused grave physical and mental agony to herself and her family by the unrectifiable damage caused to the Complainant. The Complainant further submits that apart from the abovementioned irreparable losses, several other factors have also contributed and added to the mental agony and hardship caused to the Complainant as stated below:
(i)	the Complainant could not be restored to the physical condition in which she was prior to the damage.
(ii)	the fact that the Complainant could not breast-feed her baby and the external feeding led to such serious result that the baby had to be hospitalised.
(iii)	the Complainant’s earning from her part-time occupation also stopped.
(iv)	A cook and maid servant had to be employed due to disability of the Complainant.
(v)	the Complainant’s husband could not attend to his business for long stretches owing to continuous running around with doctors and specialists for consultations and for continuous medical attention and successive surgical operations.
(vi)	The Complainant’s baby and mother-in-law had to be shifted for long periods to a relative’s place.
7.	In the aforesaid circumstances, the Complainant submits that due to deficiency and negligence in the services provided by the Opposite Parties, the Complainant is entitled to compensation to tune of Rs. ——— lakhs from the Opposite Parties for causing financial loss and hardship and for mental agony and pain to the Complainant.
8.	The Complainant says and submits that the reliefs as prayed for are absolutely necessary and in the interest of justice and if the same are not granted, grave harm, loss and prejudice will be caused to the Complainant. The Complainant therefore humbly prays that the relief as prayed for herein be granted.
9.	The Complainant states that as the total claim of the Complainant is Rs. ———— lakhs, this Hon’ble Commission has the jurisdiction to entertain and try this complaint.
10.	The Complainant states that the cause of action has accrued at Mumbai as the Complainant resides at Mumbai and as the Opposite Parties carry on their professional activities at Mumbai, and the activities and services rendered by the Opposite Parties are covered under Consumer Protection Act. Therefore, this Hon’ble Commission has the jurisdiction to entertain and try this complaint.
11	The Complainant states that the complaint is filed within the prescribed period of limitation.
12	The Complainant will rely upon documents a list whereof is hereto annexed. It is therefore respectfully prayed that:
(a)	The Opposite Parties Nos 1 & 2 be ordered and decreed to pay to the Complainant as compensation for the gross negligence and deficiency in the services provided by the Opposite Parties, a sum of Rs. ——— lakhs as per particulars of claim being Exhibit “J” alongwith interest on Rs. ——— lakhs @ 24% p.a. from the date of filing of this complaint till payment or realisation.
(b)	The Opposite Parties Nos 1 & 2 be ordered and decreed to pay a compensation of Rs.—— lakhs to the Complainants for causing mental agony and pain.
(c)	The costs of this complaint be provided for.
(d)	Such further and other relief as this Hon’ble Commission may deem fit and proper in the circumstances of the case.
Dated this ——— day of (Month & Year)
Advocate for Complainant
Complainant

Verification
I, Mrs. X, the Complainant abovenamed solemnly declare and state that all that is stated in the above complaint is true to my own knowledge and information and I believe the same to be true.
Solemnly affirmed at Mumbai
this ——— day of (Month & Year)
Before me
M/s A B & Associates
Advocates for the complainant.