Ld. Advocate(s)
For Complainant: Pritha Mondal
For OP/OPs : Suvankar Bhattacharya
Date of filing of the case :03.04.2019
Date of Disposal of the case :12.05.2023
Final Order / Judgment dtd.12.05.2023
Complainant above name filed the present complainant against the aforesaid OPs u/s 12 Consumer Protection Act 1986 praying for Rs. 15,000/- as cost of the treatment and 50,000/- as compensation.
He alleged that his son Nilavo Ghosh was born on 27.06.2018 at Suraha Nurshing Home Pvt. Ltd in Kalna. Said son became ill on 08.07.2018 and he was treated by Dr. A.K. Bera as per advice of the said Doctor he went to OP no. 2 for some Medical test of his son on 08.07.2018.
On 08.07.2018 OP no. 2 delivered the report regarding the aforesaid test.
In the report son of the complainant as mentioned as female child. In the report Bilirubin has mentioned 14.02 mg/dl and TSH has mentioned as 10.67 ULU /ml. Said report was examined by OP no. 1. After seeing the aforesaid report Dr. A.K. Bera told the complainant that it is abnormal report and he advised the complainant to do medical test from another place. Thereafter on 10.07.2018 complainant had arranged medical test again in another place and as per said report Bilirubin was 8.94 mg/dl and TSH was 3.51 UIU /mg. Due to deficiently in service on the part of the OP no. 1 and 2 complainant had face unnecessary financial problems regarding his son who was 12 days old.
Hence he filed this case.
OP no. 1 is contesting this case by filing W/V he denied the entire allegation of the petition of complaint. He further stated that due to printing mistake male child has been written as female child.
He further stated that when he prepared the report of the aforesaid baby he found Bilirubin as 14.02 mg/dl and TSH was found 10.06 ML UIU/ml.
Report was done at another laboratory on another date and said report was found different .
Due to interval of 2 das aforesaid different report were found.
He further stated that there is not deficiency in service.
OP no. 2 contesting the case by filing separate W/V and denied the entire allegation of the complainant.
He further stated that at the time of typing of report female has been written mistakenly in the place of male baby. He further satated that on 08.07.2018 report was prepared from the blood of the aforesaid baby and Bilirubin was found14.02 mg/dl. He further stated that after proper application of medicine by concerned doctor referred value of results of Bilirubin of the baby was found on 10.07.2018.
He further stated that there is no negligence /deficiency of service on his part.
EVIDENCE
During evidence complainant did not file any affidavit-in-chief. He filed a petition on 30.08.2019 stating that he will not adduce any evidence.
OP no. 1 filed affidavit-in-chief.
DOCUMENT
At the time of filing of this case complainant produced following documents.
- Certificate of Birth issued by Suraha Nurshing Home Pvt. Ltd. Dtd, 05.07.2018(Xerox)
- Certificate of Birth issued by Hat Kalna Gram Panchayet , Kalna. Dtd. 09.10.2018. (Xerox)
- Prescription of Dr. A. K. Bera dtd. 08.07.2018.( Xerox).
- Prescription of Dr. A. K. Bera dtd. 12.08.2018.( Xerox).
- Prescription of Dr. A. K. Bera dtd. 05.10.2018.( Xerox).
- Prescription of Dr. A. K. Bera dtd. 28.11.2018.( Xerox).
- Prescription of Dr. A. K. Bera dtd. 06.01.2019.( Xerox).
- Prescription of Dr. A. K. Bera dtd. 08.07.2018.( Xerox).
- BIOCHEMISTRY report of GREENPARK Diagnostics dtd. 08.07.2018.
- THYROID AND HORMONE FUNCTION TEST REPORT BY CHEMILUMINESCENE ASSY (C.L.I.A) OF GREENPARK Diagnoctic dtd. 08.07.2018. .( Xerox).
- Report of the BIO-CHEMICAL EXAMINATION of MAA GURGA Pathological Lab dtd. 10.07.2018. .( Xerox).
- TYROID FUNTION TEST of MAA GURGA Pathological Lab dtd. 10.07.2018. .( Xerox).
- One copy of letter issued by Dy. Assistant Director Central Consumer Grievance Redressal Cell addressed to Sri. Biswajit Ghosh. .( Xerox)(2pages).
- One copy of letter issued by Biswajit Ghosh addressed to Redressal of Consumer Complaint through Consumer Assistance Bureau, Nadia. (Xerox).
TRIAL
Complainant filed BNA on 08.02.2023.
OP no. 1 filed BNA on 08.02.2023.
OP no. 2 filed BNA on 26.03.2021.
Decision with Reasons
We have carefully gone through the petition of complaint and evidence on record and documents. We have considered the same properly.
Complainant at the time of the filing of this case produced Xerox copy of certain documents but he did not file original copy of these documents during trial the reasons best known to him.
On perusal of Xerox copy of certificate of birth we find that male baby of complainant took birth on 27.06.2018 at 8:20 AM at Suraha Nurshing Home Pvt. Ltd Rameswarpur, Kalna, Purba Burdwan.
On perusal Xerox copy of birth certificate issued by Hat Kalna Gram Panchayat, Kalna dtd. 09.10.2018, we find that Nilavo Ghosh took birth at Suraha Nurshing Home Pvt. Ltd, Kalna on 27.06.2018.
On perusal of the prescription issued by Dr. A.K. Bera, we find that 2 weeks baby of Nebadita Ghosh i.e wife of complainant produced on 08.07.2018 before him. He adviced one medicine namely Neopeptin. He advised blood test for Bilirubin and TSH. We find that as per his advice aforesaid blood tests were done and he after seeing the report of blood test noted results over his prescription and he mentioned Bilirubin as 14.02 mg/dl.
On perusal of report of OP no. 2 we find that he stated in the report that baby of Nebadita Ghosh, femal/ 12 days in the report of BIOCHEMISTRY. He mentioned Serum Bilirubin as 14.02 mg/dl. He also issued one separate report in respect of Baby of Nebadita Ghosh , femal 12 days in respect of TSH. In the report, OP no. 2 has mentioned TSH as 10.67 UIU/ml.
On perusal of the Xerox copy of another report of baby of Nebadita Ghosh, male /14 days we find that they mentioned Bilirubin as 8.94 mg/dl. He also issued separate report in respect of baby of Nebadita Ghosh male/14 days.
Maa Durga Pathological Lab issued the said report. In the said report in respect of TSH has mentioned as 3.51 UIU/ml.
Ld. Adv. for the complainant argued at the time of hearing that report of OP no. 2 which was signed by OP no. 1 is totally different with report issued by Maa Durga Pathological Lab. He further argued that in the report of OP no. 1 and 2 sex of the baby has mentioned as female though said baby male baby. He further argued that OP no. 1 and 2 mentioned Serum Bilirubin as 14.02 but Maa Durga Pathological Lab has mentioned different report regarding Bilirubin as 8.94. Figure of both the reports highly different. He argued that OP no. 1 and 2 in their report mentioned TSH as 10.67 mg/dl on the other hand Maa Durga Pathological Lab mentioned TSH as 3.51 UIU/ml.
He further argued that aforesaid different are the glorious example of deficiency in service and medical negligence. He prayed for necessary order.
On the perusal of affidavit-in-chief of OP no 1, written argument of OP no. 1 and written argument of OP no. 2 we find that they mentioned that due to mistake sex of the Baby has wrongly mentioned as female instead of male. They further stated that blood of the aforesaid baby was tested on 2 different days at 2 different Pathological Lab.
He further stated that on 08.07.2018 Dr. A.K.Bera adviced the test for Bilirubin and TSH and he advised one medicine. On careful perusal of the prescription of A.K. Bera dtd. 08.07.2018 we find that on that date after examining the male baby of the complainant he advised one medicine. He also advised test of blood for bilirubin and TSH and OP no. 1 put his signature over the said report.
In the said report Bilirubin has mentioned as 14.02 mg/dl and TSH as mentioned 10.67 mg/dl.
Complainant stated in the complaint that seeing the said report Dr. A.K. Bera stated it is abnormal report and he asked for fresh test from another place.
But on perusal of prescription dtd. 08.07.2018 we find that he highly noted the results of Bilirubin and TSH , he made no such advice.
We find from the report of Maa Durga Pathological Lab we find that blood of the baby was examined on 10.07.2018. Complainant arranged blood text of the baby for the second time then why he arranged the blood test of the baby on 10.07.2018.
Complainant did not give any explanation is his petition of complaint as to why he did not arrange blood test of the said baby on 08.07.2018 or 09.07.2018 for second time as per advice of doctor . The reasons best known to him.
We find from the report that one medicine was continuing as per advice of the Dr. A. K. Bera.
He also found that said baby consumed aforesaid medicine on 08.07.2018 to 10.07.2018.
Accordingly, we find that possibility of chance of figure of Bilirubin and TSH may be occurred due to consumption of medicine.
OP no. 1 and 2 in their W/V mentioned that due to mistake sex of the baby has mentioned as female instead of male and this type of wrong entry should not be done by Pathological Lab but OP no. 1 and 2 prepared the report after seeing the prescription issued Dr. A.K.Bera . Dr. A.K. Bera in his prescription dtd. 08.07.2018 had not mentioned sex of the baby. He mentioned B/O Nebadita Ghosh accordingly we do not find any fault on the part of the OP no. 1 and 2 regarding wrongful entry of sex of the baby.
Having regard of the aforesaid discussion we are of the firm view that complainant has failed to establish his grievance against Op no. 1 and 2 and we do not find any deficiency in service on the part of OP no. 1 and 2.
In the result present case fails .
Hence,
It is
Ordered
that the present case be and the same is dismissed on contest against OP no. 1 and 2 but without any order as to cost.
Let a copy of this order be supplied to both the parties as free of cost.
Dictated & corrected by me
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PRESIDENT
(Shri DAMAN PROSAD BISWAS,) .................................................
PRESIDENT
(Shri DAMAN PROSAD BISWAS,)
We, concur,
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MEMBER MEMBER
(NIROD BARAN ROY CHOWDHURY) MILLIKA SAMADDAR
