| Final Order / Judgement | CONSUMER DISPUTES REDRESSAL COMMISSION-VII DISTRICT: SOUTH-WEST GOVERNMENT OF NCT OF DELHI FIRST FLOOR, PANDIT DEEP CHAND SHARMA SAHKAR BHAWAN SECTOR-20, DWARKA, NEW DELHI-110077 CASE NO.CC/836/14 Date of Institution:- 27.07.2015 Order Reserved on:- 23.10.2024 Date of Decision:- 18.11.2024 IN THE MATTER OF: ShriArun Kumar Paingwal S/o Late Sh. Azad R/o V-12B, Sector-C, Bhagwati Vihar, Near Sanjay Enclave, Transformer Band Gali, Uttam Nagar, New Delhi. .….. Complainant VERSUS Apex Hospital & Diagnostics, At E-22, NarainaVihar, New Delhi – 110028 .…..Opposite Party ORDER Per Dr. Harshali Kaur, Member - The complainant visited the OP Lab on 11.08.2014 to get blood,sputum test and chest X-ray tests as advised by his treating doctor. The complainant has annexed thecopy of the prescription report of his doctor on Page no.6 of the complaint. The complainant states that one Ms. Merry took the blood sample in an unprofessional manner from both his arms as he felt severe pain during the sample collection, which continued for 3-4 days.
- The complainant was asked to collect his test report after paying the fee for the blood test,for which he paid the sum of Rs.800/- to the OP Lab. Page no.7 is the copy of the invoice issued to the complainant by the OP. Thereafter, he visited the OP in the evening to collect his test report but was informed that the blood sample had been allegedly ruined by the handling staff and was unfit for the test requested by him.
- The complainant states that he requested the OP to retake his blood sample, which they refused on one pretext or another. Since the test could not be conducted on his blood sample, the complainant asked the OP to refund the consideration amount he had paid, which they refused to do and even allegedly misbehaved with him.
- Therefore, he sent a legal notice dated 23.08.2014, a copy of which is annexed onpage no.10 of the complaint, to the OP to no avail. Hence, he filed the present complaint under section 12 of the Consumer Protection Act, 1986, alleging deficiency in service and unfair trade practice for causing delay in his treatment. He sought directions to the OP to pay him a sum of Rs.1 lakh as damages/compensation along with interest @18% p.a. for causing him mental pain, agony and harassment, along with the cost of the complaint.
- Notice was issued to the OP, who filed their reply stating therein that the complainant sought the services of the OP on 11.08.2014 for complete Haemogram, Z. N. Stain (Sputum) and chest X-ray as per the slip of his doctor dated 09.08.2014. Dr. Usha Gupta took the complainant’s sample following proper procedure from only one arm, and the complainant was asked to pay the sum of Rs.400/- for the blood test, as is evident from the receipt annexed by the complainant with the complaint. The blood collected from the complainant was taken, stored, and processed following standard procedures prescribed by medical terminology and protocol.
- The OP admits that the complainant was called to inform him that the sample of the blood given by him had coagulated and, therefore, could not be used for the tests. In some cases, coagulation happens and is beyond the control of the person collecting the sample.
- Further, Dr. Usha Gupta urged the complainant to give the blood sample again without any charge, which he refused and asked for a refund of the amount he had paid. Dr. Arvind Gupta, one of the partners of the OP, therefore paid Rs.400/- to the complainant. The complainant collected the reports of his X-ray and sputum test and left satisfied with the same on 11.08.2014. Hence, no medical negligence can be attributed to the OP, and the case deserves dismissal with costs.
- The complainant filed rejoinder and affidavit in evidence denying that he ever received Rs.400/- from Dr. Arvind Gupta and reiterating his averments as made in the complaint. The OP filed the affidavit of
Dr. Arvind Gupta, AR of the OP who, also echoed the statements made in the reply filed. The contesting parties filed the written arguments, and we have heard the Ld. Counsel of the OP as the complainant did not appear despite several opportunities.
- We have carefully gone through the facts and circumstances of the complaint and perused the documents filed by the contesting parties. We find that the complainant sought treatment from his doctor and was prescribed some diagnostic tests on 09.08.2014. He approached the OP diagnostic lab for the tests and investigations on 11.08.2014.His statement that he needed urgent treatment is falsified as he himself approached the OP after two days of the doctor’s advice.
- The complainant’s case is that he hired the services of OP to get three tests - Complete Haemogram, N. Stain (sputum) and chest X-ray as advised by his doctor and paid Rs.800/- for the aforementioned tests. He was issued an invoice (page No. 7)towards this payment.
- The complainant has alleged that for his Blood Tests, the blood sample was taken in a very unprofessional and painful manner by someone who seemed untrained. The fact is disputed by the OP, who claims that the blood sample was taken by one Dr. Usha Gupta, who took the blood sample following medically prescribedprocedure and protocol.
- So far as the pain mentioned by the complainant, there is no way to determine the level of pain he underwent or that it continued for 3-4 days, as alleged by him in the absence of any written complaint or prescription slip for pain management.
- The complainant was asked to collect the Blood test reports in the evening. The OP claimed that they called the complainant and immediately informed himthat the sample blood had coagulated. The OP statesthat blood samples coagulate sometimes despite taking, storing and processing the blood sample as per standard medical procedures as medically prescribed. The OPalso offered to collect another sample free of cost,but the complainant refused this offer and sought a refund, which the OP did not give as per the complainant.
- The OP further stated that when the complainant refused to give another blood sample and asked for a refund of the amount paid for the test, Dr. Arvind Gupta paidRs.500/- to the complainant, and he returned Rs.100/- to the reception owing to the cost of the Blood test which was Rs.400/- as also mentioned in the invoice generated. Further, the complainant was given the report of his other tests, which he was satisfied with.
- Denying that the OP refunded the amount paid for the blood test, the complainant has sought damages for mental agony and pain caused by the OP’s deficient service.
- We first need to discuss what causes coagulation in Blood samples.Coagulation is when blood turns from liquid to gel. The Instituteof Biomechanical Science clarifies as below:-
In addition to ‘inadequate’ mixing of the tubes, we have seen simply no mixing of tubes. We have also observed that when syringes are used to collect blood samples into EDTA tubes, they are sometimes over-filled, leaving too little or no air-space that will enable proper mixing during inversions.” An EDTA blood sample tube is a vacuum tube that contains ethylenediaminetetra aceticacid (EDTA), an anticoagulant that prevents blood from clotting. EDTA tubes are used to collect, store and transport blood samples for laboratory tests and medical diagnostics used extensively in India for clinical haematology test and blood banking. - The OP admitted that the complainant’s blood sample coagulated, which could have had no other cause except mishandling by the OP staff or doctors.So far as their claim of refund to the complainant of Rs.400/- that he paid for the test,the OP has annexed no proof of this payment, and hence, we are unable to verify the authenticity of their statement.
- There is no doubt in our mind that the complainant would have gone through mental agony of the delayed report and redrawing of his blood sample. Hence, we feel that the ends of justice would be served if the OP compensates the complainant for the mental agony caused by him due to the deficient service of the doctor/staff they employed.
- Therefore, allowing the complaint, we direct the OP to pay a sum of Rs.7,000/- to the complainant as compensation, inclusive of litigation costs.
- A copy of this order is to be sent to all the parties as per rule.
- File be consigned to record room.
- Announced in the open court on 18.11.2024.
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