Haryana

Ambala

CC/281/2015

Deepak Kumar Sood - Complainant(s)

Versus

Dogra Path Lab LLP. - Opp.Party(s)

Deepak Garg

14 Nov 2017

ORDER

BEFORE THE DISTRICT CONSUMER DISPUTES REDRESSAL FORUM AMBALA

 

                                                          Complaint case no.        : 281 of 2015

                                                          Date of Institution         :   29.09.2015

                                                          Date of decision   :   08.11.2017

 

Deepak Kumar Sood S/o Sh. R.C. Sood, R/o H.No.01, Preet Nagar, Near Police Lines, Ambala City.

 

……. Complainant.

 

Dogra Path Lab LLP, at 16, Sector-7, Urban Estate, Ambala City, through its’ Owner Dr. V.K. Dogra.

 

….…. Respondents.

 

BEFORE:   SH. D.N. ARORA, PRESIDENT

                   SH. PUSHPENDER KUMAR, MEMBER                   

                   MS. ANAMIKA GUPTA, MEMBER       

 

Present:       Sh. Deepak Garg, counsel for complainant.

                   Sh. Ashutosh Aggarwal, counsel for OP.

 

ORDER:

                   In nutshell, brief facts of the present complaint are that the complainant is old more than 33 years  of age and in order to examine his body test, he approached the OP for giving sample of blood for examination and the Op took blood from counts, differential leukocyte count, liver function tests, renal function test and Lipido-gram, etc. and the OP charged Rs.1,000/- from the complainant and he was disclosed deficiency in his liver function tests vide report dated 02.09.2015 and took the same to his physician National Homeopathic on Railway Road, Ambala City for medical advice and after examining the report, the complainant was advised to get his Hepatitis-B and Hepatitis-C (Anti HCV) to clarify the position, as opined by the OP in his report dated 02.09.2015 and accordingly the complainant for said purpose got examined from Dogra Path Lab LLP on 03.09.2015, then the OP charged Rs.600/- again from the complainant. The complainant received report from the Lab of OP that Hepatitis-B is normal/negative; but however the report qua hepatitis-C is reported to be reactive (positive) and the complainant shocked to know the report of Positive of Hepatitis-C and the complainant due to tension loosed his senses under the impression that he is guest for few days now and what will happen for his wife, kids and old ailing mother. Further submitted that the complainant took this report to his aforesaid physician, who after verifying the report disclosed to the complainant that the positive report qua Hepatitis-C, means “Kala Pilya” and the life of the complainant is very short and on finding advice of his physician, the complainant became perturbed and came in tension and accordingly, the physician further advised to the complainant for seeking second medical opinion in this regard from the competent doctor, M.D. Physician that accordingly, the complainant had visited the Doctor Manmeet Singh, M.B.B.S. (MD) immediately on 03.09.2015, the doctor advised him to get examination of blood from another lab. The complainant got re-tested his hepatitis-C from Mahavir Clinical Laboratory situated Near Polytechnic Chock, Ambala City on the advice of a renowned physician as well as other family members from here the complainant received report on 07.09.2015 on payment of Rs.300/- and Hepatitis-C was also found to be negative. Further submitted that since the complainant has been in very tense on the report of Dogra Path Lab LLP and in order to seek strength and confirm opinion, the complainant in the meantime got his hepatitis-C Viral combo test from Dr. Lal Path Lab situated at Amrit Nagar, Ambala on 05.09.2015, where Rs.7000/- was charged from the complainant and he was reported on 09.09.2015 that nothing adverse is detected in blood of the complainant. Further submitted that since 02.09.2015 to 09.09.2015, the complanatn has been in tension due to wrong report and deficiency in service of the OP and moreover due to deficiency and negligent service of the OP, the complainant besides mental tension has also suffered financial loss and he had to get himself examined from different places and in this manner he has spent more than Rs.10,000/-, besides loss of his business. Moreover, the entire family of the complainant became perturbed and all of them were in tense and the complainant has old widow mother, a wife and a minor child as dependent, all the family became disturbed due to the dishonest and negligent act and conduct of the OP and moreover the complainant is only bred earner of the entire family. Hence, the present complaint.

2.                Upon notice, OP appeared and filed written statement submitted that the name of complainant is only mentioned in the bills and screening neither the name nor the address is mentioned in the bills so it is very difficult to ascertain that the complainant is the same person whose blood samples was examined in various labs and test from Dr. Lal path is differ from screening report and the Kala Pilya is self curing disease. Further submitted that the complainant has not placed on record the complete documents i.e. Instructions printed on back side of report. So, there is no deficiency or negligent act on the part of OP rather it is the complainant who has created mental tension to OP with an intension to defame and to get undue amount from innocent OP and prayed for dismissal of the present complaint.

3                 To prove his version complainant tendered his affidavit as Annexure C-X along with documents as annexure C-1 to C-5 and close his evidence. On the other hand, counsel for OP has tendered affidavit as Annexure R-X alongwith documents as Annexure R-1 to R-3 and closed his evidence.

4.                We have heard counsel for the parties and carefully gone through the case file.

5.                The case of the complainant is that the report given by the Dogra Path Lab regarding disease hepatitis C virus (HCV) which was found reactive. Due to wrong report, the complainant remained in tense since 02.09.2015 to 09.09.2015 and it is a great deficiency on the part of the OP.  

                   Admittedly, the complainant had approached to OP on 02.09.2015 for routine blood test examination (Total Blood Chemistry). We have gone through Annexure C-1 i.e. Blood Test Report dated 02.09.2015  done by Dr.V.K. Dogra Path Lab LLP i.e.. all reports regarding blood test were found within normal limit except minor variation of reference range as mentioned in the report. The patient again visited the Dogra Path Lab LLB for blood examination for Hepatitis B and Anti HCV which was conducted by the said Laboratory Annexure C-2 referred by National Homopathik Clinic as per above said Annexure, blood test report for HCV was found reactive and blood examination was done with Tri-dot method which is fast screening test of Hepatitis-C, however, sometimes, the results of Tri dot procedure are found falsely positive. As per the medical practice, the patient normally advised to go for further second test for confirmation of the same diseases and another test was done by using REAL TIME PCR –Taqman Technology method and same was done by Lal Path Laboratory which was referred by Dr. Manjeet Singh, Consultant of the complainant as per Annexure C-5 dated 09.09.2015 found to be as a negative. As per the literature produced by the OP in the heading HCV TRI-DOT in which it is clearly mentioned in the column 15 Interpretation of the result non reactive result:-

1.                Appearance of only one dot at control region “C” indicates that the sample is NON REATIVE for antibodies to HCV.

Reactive Result

1.                Appearance of two dots, one at the control region “C” & other at the test region “T” indicates that the sample is REACTIVE for another to HCV.

2.                Appearance of all the three dots, one each at “C” “T”, & “T” region indicates that the specimen is REACTIVE for antibodies to HCV.

INVALID RESULT

                   If no dot appears after the completion of test, either with clear background or with complete pinkish/purplish background the test indicates ERROR.

                   This may indicate a procedure error or deterioration of specimen/reagents or particulate matter in the specimen. The specimen should be retested on a fresh device (refer sample /specimen processing).

IMPORTANT

1.                Test dot “T1” & “T2”  either dark or light in colour (pink) should be considered reactive for antibodies to HCV.

2.                Sometimes, if the sample solution does not soak in within 40-60 seconds, the sample should be observed for any suspended particular matter, if it is present, centrifuge the sample at 10,000/- r.p.m. for 15 minuttes. Use a fresh device to re-run the test.

3.                Sample found to be initially reactive by the above screening test must be repeated, if the sample is repeatedly reactive it must be confirmed by standard supplemental assay test RIBA.

16 LIMITATION OF THE TEST :-

1.                 The 4^th Generation HCV Tri-Dot detects Anti HCV in human serum or plasma and is only a screening test. All reactive samples should be confirmed by supplemental assays like RIBA. Samples should be confirmed by supplemental assays like RIBA. Therefore for a definitive diagnosis, the patient’s child history, symptomatology as well as serological data, should be considered. The results should be reported only after complying with above procedure.

2                 The rest is only validated for serum and plasma from individual bleeds and not for pools of serum or plasma or other body fluids.

3.                A non-reactive result does not exclude the possibility of exposure to or infection with HCV.

4.                It should be noted that repeated false reactive results may occur due to non-specific binding of the sample to the membrane.

5                 The presence of anti HCV does not imply a Hepatitis C infection but may be indicative of recent and / or past infection by HCV.

6.                Patients with auto immune liver diseases, renal disorders and antenatal samples may show false reactive results.

7.                The kit works best when used with fresh samples and when all the kit components are at room temperature (20-250C). Samples which have been frozen and thawed several times contain particulates which can block the membrane, hence resulting in improper flow of reagents and high background colour which may make the interpretation of result difficult.

8.                Optimum test performance depends on strict adherence to the test procedure as described in this manual. Any deviation from test procedure may lead to erratic result.

                   In view of the above literature if any test has been done as per the                 tri-dot procedure, result thereof found negative some times and sometimes found to be positive. The above said blood test has been got done as per Annexure C-1 and Annexure C-2 is only screening test and not for confirmation of the diseases as usually there remains variation in the laboratory tests. It is admitted fact that the patient had never taken any treatment for hepatitis-C.

                   Reason recorded above, there is no negligency on the part of the OP. This forum is of the confirmed view that OP has not issued any kind of wrong test report for harassing the complainant. There is no substance in the present complaint as we do not find any deficiency in service on the part of the OP. Hence, the present complaint is hereby dismissed with no order as to costs. Copy of the order be sent to the parties concerned, free of costs, as per rules. File after due compliance be consigned to record room.

Announced on:08.11.2017                                          (D.N. ARORA)

                                                                                       PRESIDENT

 

 

                                                                   (PUSHPINDER KUMAR)

                                                                                        MEMBER

 

                                                                        (ANAMIKA GUPTA)

                                                                                         MEMBER