BEFORE THE CONSUMER DISPUTES REDRESSAL FORUM, ERNAKULAM.
Dated this the 31st day of July 2014
Filed on : 26/11/2013
PRESENT:
Shri. A. Rajesh, President.
Shri. Sheen Jose, Member.
Smt. Beena Kumari V.K. Member.
CC.816/2013
Between
K.J. Sunny, : Complainant
S/o. Pappachan, (party-in-person)
Kanjirathinkal house,
Kanjoor P.O.,
Ernakulam-683 575.
And
Amrita Institute of Medical Science, : Opposite party
Ponekkara P.O., Pin-682 041. (By Adv. Harisharma. M, Amrita
Rep. by its Medical Superintendent. Niketan, Plakkat colony, Kaloor
Kadavanthra road,
Kochi-682 017)
O R D E R
A. Rajesh, President.
The case of the complainant is as follows:
The opposite party had arranged blood on their own for the complainant’s brother-in-law who was undergoing treatment at the opposite party. On 29-06-2013 the complainant donated his blood to the opposite party instead of the blood arranged by them. On the same day blood samples were also taken for test. On 02-07-2013 the opposite party contacted the complainant by telephone and informed that from the blood test he is suffering from hepatitis C. At the instance of the opposite party, on 03-07-2013 the complainant consulted a doctor at the opposite
party and on further examination on 05-07-2013 the doctor informed that he is free from any ailment. The complainant had to suffer lot of inconveniences and mental agony and also underwent treatment at Vimala Hospital Kanjoor. During the treatment at the said Hospital as well the complainant was subjected to various tests. On 02-09-2013 the complainant caused to issue a lawyer notice to the opposite party highlighting his grievances, to which there was no response. Therefore the complainant is before us seeking direction against the opposite party to pay a compensation of Rs. 1,00,000/-. This complaint hence.
2. The version of the opposite party is as follows:
The complainant is not a consumer within the scope of the Consumer Protection Act. There is no consumer-Service provider relationship between the complainant and the opposite party. The opposite party had never offered any service to the complainant nor had taken any money from him for any service rendered. When the complainant approached for donating blood, the sample collected from the complainant was found to be reactive of Hepatitis C. So the complainant was informed about the result and advised him to confirm the results by future tests either at the opposite party or at any other appropriate centre. This was done to facilitate him to have an early detection of the disease and for timely treatment. The test was conducted on 29-06-2013 which was free of cost and no consideration was received by the opposite party. The second test was done at the request of the complainant on 03-07-2013 and there was no complaint or grievance in respect to the several tests. The opposite party had informed him that he has no disease. There is no deficiency in service or unfair trade practice on the part of the opposite party. The complainant is not entitled to get any relief as claimed for. The complaint is liable to be dismissed.
3. No oral evidence was adduced by the complainant. Exbts. A1 to A6 were marked. Neither oral nor documentary evidence was adduced by the opposite party. Heard the complainant who appeared in person and the learned counsel for the opposite party.
4.. The points that arose for consideration are as follows:
i. Whether the complainant is a consumer within the ambit of the
Consumer Protection Act?
ii. Whether the opposite party is liable to pay a compensation of Rs.
One lakh to the complainant?
5. Point No. i. At the threshold the opposite party contended that the complaint is not maintainable in this forum, since there is no consumer- service provider relationship between the complainant and opposite party and also the opposite party had never offered any service nor had taken any money from the complainant for any service rendered.
6. Section 2 (1) (d) of the Consumer Protection Act defines a consumer, which reads as follows:
“consumer” means any person who –
(i) buys any goods for a consideration which has been paid or promised or partly paid and partly promised, or under any system of deferred payment and includes any user of such goods other than the person who buys such goods for consideration paid or promised or partly paid or partly promised, or under any system of deferred payment when such use is made with the approval of such person, but does not include a person who obtains such goods for resale or for any commercial purpose; or
(ii) hires or avails of any services for a consideration which has been paid or promised or partly paid and partly
promised, or under any system of deferred payment and includes any beneficiary of such services other than the person who hires or avails of the services for consideration paid or promised, or partly paid and partly promised, or under any system of deferred payment, when such services are availed of with the approval of the first mentioned person but does not include a person who avails of such services for any commercial purpose.
Explanation. – For the purposes of this clause, “commercial purpose” does not include use by a person of goods bought and used by him and services availed by him exclusively for the purposes of earning his livelihood by means of self-employment;
7. In the instant case the complainant does not have a case that he has paid any consideration to the opposite party for the purported service availed by him. In short there is nothing to hold that any consideration has been paid by the complainant to the opposite party and as such the complainant can not be held to be a consumer within the definition given in the Consumer Protection Act. The remedy of the complainant lies elsewhere, not in this Forum.
8. Accordingly the complainant is directed to receive back the complaint and the related documents to submit before the appropriate authority, if so advised.
Pronounced in the open Forum on this the 31st day of July 2014
Sd/-
A. Rajesh, President.
Sd/-
Forwarded/By Order, Sheen Jose, Member.
Sd/-
Beena Kumari V.K., Member.
Senior Superintendent.
Appendix
Complainant’s Exibits :
Exbt. A1 : Copy of letter dt. 25/07/2013
A2 : Copy of instructions for use
A3 : Copy of notice dt. 02-09-2013
A4 : Mibg Serology Report
A5 : Copy of test report
Mibg Serology Report
A6 : Copy of application
dt. 16-08-2013
A7 : Discharge/Reference Carde
Opposite party’s exhibits: : Nil
