Fertility clinic, doctors told to refund Rs 15 lakh, pay Rs 1 lakh compensation for surrogacy failure

Visakhapatnam: Slamming a Fertility Center for resorting to unfair trade practices and failing to provide a child to a couple through surrogacy after taking money from them, the District Consumer Disputes Redressal Commission has asked the doctors and the clinic to refund Rs 15 lakh to the complainant couple.

Apart from this, the concerned clinic named Universal Srushti Fertility and Research Center and its doctors have been asked to pay another Rs 1 lakh to the couple as compensation for being deficient in extending services. Another Rs 10,000 has been imposed on the doctors and the clinic as cost of litigation.

The Consumer Court issued this direction after noting, "...it is crystal clear with sufficient documentary evidence that the Opposite Parties were deficit in extending their promise professional services to the Complainants in specific and resorted to unfair trade practices as was evidential as per the leaflets of Ex.A emphasised by the Complainants."

The matter concerns the complainant couple who got married 12 years ago and could not conceive a child. After coming across the advertisement of the fertility treatment and services of Surrogacy at Universal Srushti Fertility and Research Center, the couple approached the Clinic in July 2019. Following this, the treating doctors at the Clinic tested the couple and concluded that there was no chance of having children naturally. Therefore, the couple was advised to opt for Surrogacy.

Allegedly, the treating doctors and authorities of the Clinic assured that they will render service of surrogacy procedure and accordingly they obtained signatures on some forms. According to the procedure suggested by the doctors, the details of the surrogate mother will be kept confidential and they also asked the couple to pay Rs 15 lakh at the 5th month of pregnancy of the surrogate mother and another Rs 1 lakh Caesarian operation at the time of delivery.

Also Read: Use of Expired Jelly in Hip Replacement Operation: Orthopedician, Kolkata Hospital slapped Rs 70,000 compensation

In September 2019, the couple paid Rs 2 lakh and another Rs 5 lakh was paid in October. Consequently, the process allegedly started and samples were collected, injections were given on daily basis. The wife of the first complainant was asked to visit the Hospital on many occasions for scans and tests and she was also subjected to a small surgery for which was described as Egg Sucking surgery. The concerned operation went on for two hours after anesthesia was administered.

Back in May 2020, the complainants paid the entire amount of Rs 15 lakh to the clinic. The surrogate mother was not shown to the Complainants, but the copies if clinical tests of the surrogate mother were given and the couple was informed that both the baby and the surrogate mother were well and without any complications.

Further, the scan reports of the growth of the baby, copy of TIFFA test conducted on the surrogate mother were handed over to the complainants. The couple was informed that the baby will be delivered either by August 4 or 5, 2020.

Meanwhile, in a major shock to the complainants, they came across a news just a week prior to the date of delivery that the doctors of the Clinic had been arrested by Police for allegedly cheating the public and that the entire centre is a big scam. After inquiring the police authorities, it was confirmed that the doctors had been arrested. After this, the couple lodged a complaint against the doctors on August 5 as the child was not delivered as per the agreement. The doctors were arrested and kept in police custody. When they came out of jail, the complainants approached them and the doctors allegedly proclaimed that the amount will be refunded only on the withdrawal of the police complaint.

Aggrieved by this, the complainants filed the consumer complaint before the District Commission, sought refund of Rs 15 lakh and another Rs 5 lakh as compensation.

In spite of receiving the notice from the Commission and paper publications by the Complainant, the doctors and co-ordinator of the clinic remained absent and failed to avail the opportunity to defend their case and contest the matter.

Perusing the records, the consumer court noted, "The record observation supra is evident that the Complainants followed the advise of the Opposite parties accordingly made all the payments, underwent treatment, purchased medicines and eagerly waiting to take custody of the baby to be delivered to them on the due date."

"Before the due date itself the concerned officials and authorities of the city of Visakhapatnam took cognizance of the Opposite Parties Fertility Centre on various grounds on cheating, illegal trafficking etc., as was evident as per the leaflets of the marked Ex.A 14 via various newspaper clippings," it further observed.

Holding the doctors and the clinic guilty, the Commission opined,

"Thus, there is no doubt of whatsoever to prove negligent conduct of the Opposite Parties who resorted to unfair trade practices and.were deficit in extending services as was laid down under Sce.42 of the Consumer Protection Act 2019."

"The Complainants succeeds in this case in hand the liability of the Opposite Party .arises undoubtedly. The Commission is of the considered view that the Opposite Parties collected huge sum of amount i.e. to the tune of Rs,15,00,000/- from the Complainants with a promise to deliver the child out. of surrogacy procedure hence liable to pay back that amount collected at. various instances, the receipts being issued by the Opposite Parties themselves are testimony to the fact as per Exs.A1 to A7. That the Complainants done what all they are told to in anticipation of taking charge of the child to enjoy the bliss of parenthood is reflected in Exs.A8 to A17," it further noted.

Sympathizing with the couple, the consumer court observed,

"The agony of the Complainants can be understood without any saying and it is suffice to say that the opposite parties being the highly qualified medical professionals whose fundamental duty is to serve the human beings are in turn playing with the emotional state of couples who are in desperate search of medical support to get a child out of surrogacy procedure. No amount of money can substantiate the loss suffered by the victims of these circumstances but the compensation awarded can truly give sense of relief and a. warning signal for the wrongdoers that they need to repay what they have craved for in an unethical manner. The Commission unanimously allows the prayer of the Complainants in part with a direction to the opposite parties to resort to unfair trade practices play foul with the sentiments and emotions of married couple and to refund an amount of Rs.15,00,000/ - along with Rs,1,00,000/ - towards compensation for being deficient in extending services and resorted to unfair trade practices with an additional amount of Rs. 10,000 /- towards litigation expenses."

"In the result the Complaint is allowed in part, directing the Opposite parties to refund an amount of Rs.15,00,000/- (Rupees Fifteen lakhs) along with Rs 1,00,000/- (Rupees One lakh) towards compensation for being deficient in extending services and to unfair trade practice with an additional amount of Rs.10,000/- towards litigation expenses to the Complainants," it ordered.

To read the order, click on the link below:

https://medicaldialogues.in/pdf_upload/failed-surrogacy-211244.pdf

Also Read: Telangana: Govt sets up panel to regulate Surrogacy, Assisted Reproduction