NCDRC upholds ₹13.77 lakh compensation to woman who found nut, bolt inside body 12 years after surgery

The National Consumer Disputes Redressal Commission (NCDRC) recently upheld a decision to award compensation of ₹13.77 lakh to a woman who discovered nuts and bolts inside her body 12 years after a surgery at a clinic in Pondicherry [Clinic Nallam & Anr v. Helen Victoria & Anr]..NCDRC Presiding Member Sudip Ahluwalia and Member J Rajendra affirmed the decision of State Commission, opining that woman deserved to be appropriately compensated. The Commission noted that she had experienced distress and suffering due to the clinic's deficiency and negligence."…. the unbearable pain, suffering and hardship she had undergone and the sleepless nights and inability she faced in performing her day-today routine work as house-wife to render valuable service to her husband and her children. In addition, she suffered financial loss during the relevant period. While the complainant did not produce any documents in respect of financial losses caused to her towards her treatment for 12 years and other losses due to erroneous and negligent operation performed by the OPs, she deserves to be appropriately compensated.".After her surgery in 1991, the complainant faced many health issues like dizziness, shivering, chronic headaches, stomach aches and urinary tract infection. Despite consulting various doctors and trying different treatments, her condition didn't improve, the foreign objects left inside her remained unidentified. During another surgery in 2003, it was discovered that a nut and a bolt were left inside her during the previous operation. She claimed negligence on the part of the earlier clinic, which offered a free operation and ₹50,000 for the pain and suffering she endured over the past 12 years..Dissatisfied by the same, the woman lodged a complaint with the State Commission seeking ₹84,00,000, ₹1,00,000 and an additional ₹5,000 under the Consumer Protection Act. She also requested interest at a rate of 24% per annum on the total claim until the amount was fully realized.The State Commission partly allowed the complaint and directed the clinic to pay a compensation of ₹13.77 lakh (including cost of medical treatment, engagement of household servant maid by the complainant for the household works for 12 years, unbearable pain, loss of normal life, loss of care of the children, etc).The clinic then filed an appeal against this order before the NCDRC..Regarding the clinic's contention that the complaint was time-barred and that she should have taken legal action earlier, the NCDRC noted,"In 1997, the Complainant sought medical help from Dr. Janarthanan and underwent a kidney X-ray, which revealed a "butterfly-shaped object." However, the doctor did not provide appropriate guidance, leading to the complainant being completely uninformed about the presence of foreign objects...Therefore, clearly, the existence of the foreign body (bolt and nut) inside the body of the Complainant was found and confirmed during October, 2003 and was removed on 10.12.2003," the order noted..Finding that the surgery, the complainant's suffering and the removal of the foreign objects were conclusively established, the NCDRC refused to interfere with the State Commission's order.The clinic was represented by Advocates Senthil Jagadeeshan and Sajal Jain.Advocates Akur Raj, Nikita Raj, Tushar Bhalla and Sarthak Dora represented the complainant..[Read Order]