E.J. Bellie, President

1. The complainant was a staff nurse employed by one Dr. S.M. Duraisamy, Orthoepatic Surgeon, at Erode. She was having an International Passport which was valid up to 5.11.2001. According to the complainant during the month of April, 1993 an offer was made to her for overseas employment at Hizazy Medical Centre, in Saudi Arabia to work as nurse. Since the salary offered was attractive she accepted the same, resigned her job at Erode and signed an agreement for 4 years contract with the employer at Saudi Arabia. After obtaining the visa from the Embassy of Kingdom of Saudi Arabia the opposite party being the authorised Doctor of Saudi Embassy at Madras the complainant was referred to him by the agent of the employer at Saudi Arabia, for Medical Certificate declaring as medically fit for employment. The opposite party collected from the complainant a sum of Rs. 550/- on 9.5.1993 as charges for the medical check up. After she was put to various tests, the opposite party gave the certificate stating that she was medically fit, not pregnant and duly vaccinated. On 19.7.1993 she went to Riadh by Gulf Air and reported to duty.

Some time after, to her shock and surprise, she found herself to be pregnant. By medical check up it was found that she was 3 months pregnant even while she was examined by the opposite party and issued the nil pregnancy certificate on 19.5.1993. After the pregnancy came to light she was put to lot of trouble and harassment by her employer. She was humiliated and badly illtreated. She was kept in a dark room till the date of her delivery of a famale child on 21.12.1993. Her contract with her employer was terminated on 16.1.1994 and she was sent back to India with her child. It was only because of the wrong certificate given by the opposite party that she was not pregnant she had to undergo the said humiliations and troubles. If the opposite party had told her that she was pregnant, she would have got the child delivered or aborted the pregnancy before she left India. Now she had lost her job in India as well as in Saudi Arabia. On account of this she was put to heavy financial difficulties. Complaining deficiency in service on the part of the opposite party the complaint has been filed claiming a sum of Rs. 7,50,000/- as compensation.

2. The opposite party in its written version contends that at this point of time i.e., more than two and a half years after the alleged check up of the complainant the opposite party does not remember the exact date the complainant came to him for getting the medical fitness certificate etc. The complaint is deliberately vague as to when the medical check up was done and when she found out to be pregnant. Even on the alleged date of Certificate i.e., 19.5.1993 she was pregnant by 3 months and she boarded the plane on 19.7.1993. That means that she must have been pregnant by 5 months when she left India. It is astonishing that the complainant, a nurse by profession and a mother of a child, was not aware that she was pregnant when she left India on 19.7.1993. This shows that the entire version in the complaint that sometime after her employment to her schok and surprise she found that she was pregnant must be nothing but a cock and bull story. The complaint is a malicious one and has been filed only with a view to make wrongful gain. Therefore the complaint is liable to be dismissed as false and frivolous.

3. The point that arises for consideration is whether there was any deficiency in service on the part of the opposite party vis-a-vis the complainant.

4. The case of the complainant is that the opposite party examined her and gave a Certificate stating inter alia that she had no pregnancy. The opposite party in their written version would state that the complaint having been filed more than two and a half years after the alleged medical check up of the complainant, the opposite party does not remember whether the complainant came to him for medical check up as alleged by her. The complainant has not filed any document whatsoever to prove that the opposite party did make medical check up and issued a Certificate as stated by her. She has filed an affidavit of her

own just repeating what has been stated in the complaint. But on the basis of this affidavit alone it cannot be said that her case must be true and indeed there was deficiency in service on the part of the opposite party in giving a wrong medical certificate. In this view of the matter no award can be passed in favour of the complainant. 5. Therefore the complaint is dismissed. However, there will be no order as to costs. Complaint dismissed.