Briefly stated the facts relevant for the disposal of the complaint are that in April 2017, the complainant was attacked by severe stomach pain and then the complainant was treated by Dr. A.K. Gupta of Hill Point Clinic, Hill Cart Road, Mallaguri, which is ESI listed one. The complainant being covered under ESI scheme had to take treatment here to avail herself of the ESI insurance benefit.
After preliminary exam, Dr. A.K. Gupta, referred the complainant for pathological test particularly blood test to the OP No.1. Dr. A.K. Gupta had to refer the patient-complainant to the OP No.1 as it also was ESI approved for pathological tests. The complainant got her blood tested there.
The complainant obtained blood test report done on 08.04.2017 by OP No.3 at OP No.1 and showed it to her treating Doctor, A.K. Gupta, from whom she could know that her blood was reported to be ‘A’ negative. The complainant told Dr. A.K. Gupta that her blood group is ‘A’ positive as per the blood test report done by Dr. B. Bera, pathologist of New Jalpaiguri Yuba Bharati Welfare Organization at the time of her pregnancy in Feb, 2015. To see the difference in between these two reports, the treating Dr. A.K. Gupta advised the complainant to go for another Blood test for the 03rd time.
The complainant on such advice, got her blood tested on 12.04.2017 at Omega Diagnostic Centre of College Para, Siliguri and had the report signed by Dr. Priyakshi Barua Choudhury which mentions her blood to belong to ‘A’ positive group.
The complainant is having the percentage of haemoglobin level in her blood lower than the standard mark of (11.5-16) gm. Surgery on patient having such level mostly requires infusion of blood from outside. To see that the report dtd. 04.02.2015 of Dr. Bera and that dtd. 12.04.2017 of Dr. Priakshi Baruah Chowdhury corroborates each other, the treating Doctor of the complainant held the view that had the blood of ‘A’ negative as per report of the OP been applied in case of need, it would have proved fatal even for the life of the complainant-patient.
The complainant then went to the Ops, disclosed the mistake done by them and wanted to meet with the OP No.-3. The staff of the OP No.1 boldly told that their report cannot be wrong as their pathological technique is ultra-modern one. They also misbehaved with the complainant and did not allow her to meet OP No.3.
The complainant further alleged that the OPs under Advertisement to be one of the best medical service provider and under the brand of Super Speciality Hospital, are thus playing with the life of the people placing trust on them. In a day, they are doing blood tests of numerous unidentified patients. It remains unknown how many of such patients become the victim of wrong report.
OP No. 1 & 2 entered appearance with Vokalatnama on 13.06.2018 and filed a petition praying for time to file written version. They were allowed time till 02.07.2018. But on this date they did not file any written version and prayed for further time. Time was accordingly allowed till 19.07.2019 on which they again failed to file written version and prayed for time. On 30.07.2019 also they appeared and submitted application prying time for filing written version. Thus OP No. 1 & 2 availed themselves of as many as 03 (three) chances but at the 04th chance on 30.07.2019, the statutory period for filing written version was over and the application was, of course, rejected. The case, as such, proceeded ex-parte against the OPs No. 1 & 2.
Notice upon OP No.3 returned unserved with an endorsement dtd. 18.05.2018 of the postal authority “addressee left”. The said notice was sent by registered post (A/D), vide memo No. 177(4) dtd. 15.05.2018. To secure the attendance of the OP No.3 a paper publication was done in the “Aaj-kal” (Beng. Daily) and “Eco-India” (Eng. Daily) both dtd. 09.02.2019. Since OP No. 3 did not appear by the stipulates period, the case proceeded against the OP NO. 3 on 07.03.2019.
To prove his case, the complainant has filed the following documents:-
- Blood Group Test Report, issued by New Jalpaiguri Yuba Bharati Welfare Organization showing that the Blood Group of the Complainant is “A” Positive;
- Blood Group Test Report, issued by Dr. Chhang’s Super Speciality Hospital Pvt. Ltd. showing that the Blood Group of the complainant is “A” Negative, page (3 nos.);
- Blood Group Test Report, issued by Omega Diagnostics showing that the Blood Group of the complainant is “A” Positive.
Now two points-(1) whether there has any deficiency of service on the part of the OPs and (2) whether the complainant is entitled to get any compensation -come up for determination.
Both the points are taken up together, for the sake of brevity, for discussion.
Notice/summon upon OP No.3, Dr. Anita Gupta, M.D. (path) was sent on 15.05.2018 by registered post with A/D at the address of OP No. 1 as she was attached with it as consultant pathologist. It was returned unserved by the post-man on 18.05.2018 with comment “addressee left”. That means that the postman was not told by the OP No.1 the new place for which the OP No.3 left the OP No.1. That the erstwhile employer will not be knowing where his employee is leaving for is not believable at all. Such suppression leaves, no doubt, a question mark against the act of themselves.
The complainant went to the OP and narrated everything showing all the 03(three) blood test reports, and upheld their mistake and negligence. They firmly stated that the blood group of the complainant is ‘A’ negative as their system and technique of pathological tests are ultramodern and that cannot be wrong. Complainant wanted to meet with the OP No.3 but the staff of the OPs started misbehaving with the complainant refusing to make an arrangement to meet the OP No.3 and did not allow the complainant to meet the OP No.3. Now the question is, while the OPs are so over-sanguine about the correctness of their test report, why they did not allow the complainant to meet the OP No.3. Where does the fear lie
The blood test done on 04.02.2015 by the Pathologist, Dr. D. Bera, of New Jalpaiguri Yuba Bharati, (welfare Organization) and the blood test done on 12.04.2017 Dr. Priakshi Baruah Choudhury M.D. (path) of Omega Diagnostics of college Para, Siliguri are same and tally with each other as they both report the blood of the complainant to belong to group- ‘A’ positive. However, the intervening blood test report that dates 08.04.2017 prepared for the complainant by the consultant pathologist, Dr. Anita Gupta, the OP No. 3, attached to the OP NO. 1 differs inasmuchas it reports ‘A’ Negative. That the two reports agreeing with each other are wrong and the disagreeing one is correct can nohow be acceded to by any sane mind. It is just the reverse which is sanly acceptable. Such acceptance does not require any consultation with a medical expert specialist, it is the common-sense which is enough.
On 28.04.2017, surgery was done by the treating Dr. A.K. Gupta, at Hilpoint Clinic, on the complainant successfully. Dr. A.K. Gupta opined to see the blood test reports that had there been any need to transfer blood and if it was done so according to the report of OP-Doctor (Op No.3), the life of the complainant would have endangered and even caused her death.
The OPs demand to provide best service and treatment to their patient and thus they are running business under the brand of “super-speciality Hospital” but also sometimes very negligently playing with the life or certain patients which is clearly reflected in the report of the complainant. The OPs also themselves argued that everyday they have been preparing blood test reports in the same procedure while they claimed that heir reports could not be wrong in any way.
In the result, the case succeeds. Hence it is,
O R D E R E D,
that the instant Consumer Case being No. 39-S-2018 be and the same is allowed ex-parte against the OPs.
The OPs shall, jointly or severally, pay to the complainant a sum of Rs. 1,00,000/- (one lakh rupees) only for her mental pain, agony and harassment.
The OPs are also liable to pay to the complainant a further sum of Rs. 50,000/- (fifty thousand) only on account of punitive damages though life is priceless and litigation cost of Rs. 5,000/- (five thousand rupees).
The OPs are further directed to deposit a sum of Rs. 5,00,000/- (five lakh rupees) only to the consumer welfare fund for their committing sometimes wrong in preparing pathological test reports for numerous unidentified patients.
The entire sum be paid within 45 days from the date of this order, failing which the amount shall be carrying interest @ 9% per annum from the date of this order till its realization in full.
In case of default, the complainant will be at liberty to put this order into execution through this Forum as per law.
Let the plain copies of this judgment be supplied to the parties free of cost.
