JUDGEMENT& ORDER

(18.11.2022)

1. That Smti. Kina Yaje filed the instant complaint under Section 2(11) of consumer Protection Act 1986 alleging deficiency in service by the opposite parties.
2. The complainant’s case is that on 27.08.2018,she was taken toTomo Riba Institute of Health and Medical Science,hospital Naharlagun from Dollungmukh via private ambulance hired from North Lakhimpur, Assam as she was suffering from rapid internal organ bleeding and in unconscious state. After reaching the Naharlagun around 2 PMon same day, the doctor of TRIHMS on analyzing the emergency condition of the complainant(patient) directed to admit her in the hospital and prescribed for emergency blood transfusion as a first and immediate step to keep her alive. The complainant visited the Clinic Frontier Diagnostic where blood grouping test of complainant was done.A copy of money receipt& reports of frontier Diagnostic as Annexure-I(series) enclosed.
3. On receipt of the report of the complainant, opposite parties opined blood group of the complainant as ‘O’positive butduring cross matching of blood group at TRIHMS hospital, the complainant’s blood group was reported‘A’ positive by the technician of TRIHMS. So, in such situation tests were again conducted in Niba Hospital, Naharlagun andwhere it was reported ‘A’ positive which was the same with the report of TRIHMS.A copy of blood report of Frontier Diagnostic Laboratory showing ‘O’ positive and the report of TRIHMS showing ‘A’ positive as ANNEXURE 2,3&4.
4. That false reports made by the opposite parties are serious case of negligence. Hence such act of the opposite partiescaused deficiency in service thereby causing trauma to the complainant and her family.
5. Complainant’s prayers:The complainant claimed total amount of 18,000,00/- (Rupees Eighteen Lakhs only) under the following heads:

i) Rs 15,00,000 (Rupees Fifteen Lakhs only) for a gross deficiency of service caused to the complainant

ii) Rs 2,00,000/- (Rupees Two Lakhs only) for false report

iii) Rs 1, 00,000/- (Rupees One lakhs only) for giving trauma to complainant and her family.

6. Upon the receipt of notice, the Opposite parties no.1,2&3appeared and contested the present consumer complaint by filingtheir written statements.
7. Opposite parties in their written denied any injuries or harm caused to the complainant due to furnishing of wrong blood group report and as such complainant’s complaint be dismissed. They categorically denied any negligent on their part as such claiming compensation for deficiency of service by the complainant is not sustainable in the eye of law. Hence liable to be dismissed.
8. That vide order dated 27.08.2021,the Ld.counsel of the complainant made correction by replacing the opposite party no.1by omitting the name of Dr. Tumli Lollen, son of Proprietor of clinic by impleading Shri Dotum Lollen, the real proprietor of the said clinic as opposite party no.1.

9. Both the counsels filed their written argument and we heard their submission at length on facts and point of law. Upon considering submission made before us, the following pointsarise for determination by this Forum are as:

(i) Whether there was anydeficiencyof service on the part of opposite parties by furnishing wrong blood group report of the complainant?

(ii) Whether the complainant is entitled for compensation from the opposite parties?

10. As to point no.1&2: On 27.08.2018 the complainant got admittedin TRIHMS for immediate medical treatment as she was suffering from internal organ bleeding; was in urgent need of blood transfusion as such, she was taken the ClinicFrontier Diagnostic for blood groupingtest for which complainant paid sum of Rs 2200/-(A copy of Money receiptAnnexure-1 in page 8) and the reports submitted by the lab of Frontier Diagnostic whereit mentioned the name of the patient as “KINA YAJE”(Complainant) samples being collected on 27.08.2019 at 10:56 AM, Report date being 27.08.2019 at 12.24 PM, &BLOOD GROUPING was opined as +O (Positive)having verified by opposite party No.2 (A copy of document annexed as Annexure-4 in page 11).The conformation blood grouping test of complainant was done in Tomo Riba Institute of Health & Sciences, Naharlagunof in which complainant’s blood group reported as +A (positive)[A copy of document annexed as Annexure 2 in page9].Due to such contradictingreports another blood grouping test was conducted at NIBA Hospital which reported the blood group of the complainant as +A (positive) [A copy ofreport annexed as Annexure-3 in page in 10] concurring the blood group report of TRIHMS.
11. It is evident that analysis of blood group report of showing as +O (positive) has proved as wrong report through second and third confirmation rest carried out at TRIHMS & NIBA hospital. The blood of the complainant was actually +A (positive) and required the doner of same blood group urgently to her life.
12. Thus, evidences led complainant show thatblood group test report furnished by the opposite parties in regard to the complainant as ‘O’ positivewas incorrect report and allegation leveled by the complainant against the opposite parties has not been denied by the opposite parties in their replies.
13. Therefore, we are of considered view that opposite parties had taken its duty very casually and to us it is a very clear case of deficiency in service which speaks of gross negligence on the part of the opposite parties in rendering service towards the complainant.
14. In view of the above discussions, the present consumer complaintsucceeds and the same is accordingly allowed.The opposite parties are directed to refund the amount of Rs 2, 200/- (Rupees Two Thousand Two Hundred only) to the complainant charged by them for conducting the test as mentioned above and to pay an amount of Rs 50,000/-for causing mental agony, harassment, deficiency in service to complainant and to pay Rs 50, 000/-to the complainant as a cost of litigation fee. Thus, total amount of Rs. 1, 2, 200/- (Rupees One Lakh Two Thousand and Two Hundred only) shall be paid within a period of one month receipt of copy of this order
15. Pronounced on 18^th November 2022
16. A copy of order be sent to the concerned parties free of cost.