Tamil Nadu

South Chennai

CC/325/2007

A.Balasubramanian, - Complainant(s)

Versus

Dr.Meera Sadayavel, - Opp.Party(s)

J.Bharathi Raja

19 Dec 2017

ORDER

                                                                        Date of Filing :   25.07.2007

                                                                        Date of Order :   19.12.2017

DISTRICT CONSUMER DISPUTE REDRESSAL FORUM, CHENNAI (SOUTH)

     2^nd Floor, Frazer Bridge Road, V.O.C. Nagar, Park Town, Chennai-3

PRESENT: THIRU. M.MONY, B.Sc., L.L.B. M.L.,                     : PRESIDENT            

                  TMT. K.AMALA, M.A. L.L.B.,                                 : MEMBER I

             DR. T.PAUL RAJASEKARAN, M.A ,D.Min.PGDHRDI, AIII,BCS : MEMBER II

 

C.C.NO.325/2007

TUESDAY THIS 19^TH  DAY OF DECEMBER 2017

 

A. Balasubramaniyan,

S/o. Arunachalam,

No.17-A, Ponmalai Valasai,                  

Uchipulli Post, Ramnad District.                     Complainant

 

                                        ..Vs..

 

1.  M/s. Aswene Soundra Hospital

& Research Centre,

No.24, Kasthuri Rangan Road,

Teynampet, Chennai – 18.

 

2. M/s. Dr. K.Kannan,

Aswene Soundra Hospital &

Research Centre,

No.24, Kasthuri Rangan Road,

Teynampet, Chennai -18.  

 

3. M/s. Dr. Meera Sadayavel,

Aswene Soundra Hospital &

Research Centre,

No.24, Kasthuri Rangan Road,

Teynampet, Chennai – 18.                                Opposite parties.

 

Counsel for Complainant           :   M/s. J. Bharathi Raja & another         

Counsel for opposite parties      :   M/s. R.Venkataa Varathan   

ORDER

THIRU. M. MONY, PRESIDENT

 

This complaint has been filed by the complainant against the opposite parties under section 12 of the Consumer Protection Act 1986 seeking direction to pay a sum of Rs.2,00,000/- for the loss of mental agony and to pay Rs.25,000/- towards cost of the complaint.

1. The averment of the complaint in brief are as follows:

         The complainant submit that on 4.8.2005 he approached the opposite parties to get a medical report for getting employment visa for Malaysia.   The opposite parties after receiving a sum of Rs.2,000/- towards fees for medical test like chest x-ray, ECG, etc. has not issued certificate and submitted the test report showing mild RAE + & Hypothecate  which caused utter shock and mental agony to the complainant.   He was not able to take any treatment also and felt very bad both mentally and psychologically.    Further the complainant state that on 6.8.2005 the complainant went to Madurai Government Rajaji Hospital, Madurai the Cardiologist in the said hospital  asked the complainant to come on 8.8.2005 for scan tests also taken.   After due analysis the Cardiologist issued report everything normal.   Thereafter the complainant came to Chennai on 9.8.2005 and met the 3^rd opposite party, the 3^rd opposite party also concurred with the opinion of the cardiologists and issued fitness certificate and directed to meet the 2^nd opposite party to receive the fitness certificate.  As per instructions of the 2^nd opposite party also the complainant undergone test before the Stanley Hospital on 10.8.2008 and all the tests reports found normal.  But no certificate of fitness issued resulting the complainant employment lost.   As such the act of  the opposite parties amounts to deficiency in service which caused mental agony and hardship to the complainant.  Hence this complaint is filed.

2.    The brief averments in the Written Version filed by the 1^st and 3^rd opposite parties  and adopted by the 2^nd opposite party are  as follows:

      The opposite parties deny each and every allegations except those that are specifically admitted herein.   The opposite parties submit that  the 1^st opposite party received a sum of Rs.2000/- as fee and the complainant underwent chest, x-ray and ECG test.   The opposite parties further state that the 3^rd opposite party did not inform the complainant that everything is all right and fitness certificate will be made ready soon.  Since the complainant has cardiac problem the 3^rd opposite party informed the complainant that the 2^nd opposite party is the cardiac specialist and she will get his opinion before giving fitness certificate to him.   The 2^nd opposite party scrutinized the reports of the complainant and he informed him that his ECG is abnormal and advised him that he should go in for detailed cardiac evaluation.    The complainant said that he cannot afford the cost of such evaluation in any private hospital.   Therefore the 2^nd opposite party referred the complainant to Government Rajaji Hospital, Madurai for detailed cardiac evaluation.   The opposite parties deny that averment that the 2^nd opposite party directed the complaint to take treatment under him for the heart problem.   Therefore the 2^nd opposite party referred the complainant to Stanley Government Hospital for Echo and Treadmill Test.  However the complainant did not meet the 2^nd opposite party and he collected all the hospital reports with ECG and Personal Records from the 1^st opposite party Hospital under the pretext of showing it to the 2^nd opposite party and thereafter he did not approach the opposite parties for getting fitness certificate.   Hence there is no deficiency in service on the part of the opposite parties and the complaint is liable to be dismissed.

3.     In order to prove the averments of the complaint, the complainant has filed proof affidavit as his evidence and documents Ex.A1 to Ex.A5 marked.  Proof affidavit of opposite parties filed and Ex.B1 marked on the side of the  opposite parties.

4.   The points for the consideration is: 

Whether the complainant is entitled to a sum of Rs.2,00,000/- towards compensation for mental agony with cost of Rs.25,000/- as prayed for?

 

 

5.      ON POINT :

         

          Both parties filed their respective written arguments.  Perused the records (viz.) complaint, written version, proof affidavit and documents.   The contention of the complainant is that on 4.8.2005   he approached the opposite parties to get a medical report for getting employment visa for Malaysia.   The opposite parties after receiving a sum of Rs.2,000/- towards fees for medical test like chest x-ray, ECG, etc. has not issued certificate and submitted the test report Ex.A1 showing mild RAE + & Hypothecate  which caused utter shock and mental agony to the complainant.   He was not able to take any treatment also and felt very bad both mentally and psychologically.    Further the contention of the complainant is that on 6.8.2005 the complainant went to Madurai Government Rajaji Hospital, Madurai. The Cardiologist in the said hospital   asked the complainant to come on 8.8.2005 for scan tests, also taken.   After due analysis the Cardiologist issued report everything normal.   Thereafter the complainant came to Chennai on 9.8.2005 and met the 3^rd opposite party, the 3^rd opposite party also concurred with the opinion of the cardiologists and issued fitness certificate and directed to meet the 2^nd opposite party to receive the fitness certificate.  As per instructions of the 2^nd opposite party also the complainant undergone test before the Stanley Hospital on 10.8.2008 and all the tests reports found normal.  But no certificate of fitness issued resulting that the complainant lost his employment.  The complainant is claiming a sum of Rs.2,00,000/- towards compensation for such deficiency in service by the opposite parties.

6.     The contention of the opposite parties is that the 1^st opposite party has been issuing Medial Reports for persons seeking Malaysian Visa since November 2000.    The 1^st opposite party Hospital is a highly reputed institution known for its efficiency and competence.  The fitness certificate will be issued after conducting medical examination with due care and caution.   On   4.8.2005 the complainant approached the 1^st opposite party Hospital for a fitness certificate for the purpose of applying for Malaysian Visa through New Sun International, Ashok Nagar, Chennai and paid a sum of Rs.2000/- as fees and undergone x-ray, ECG test etc.   Further the contention of the 1^st opposite party is that the 3^rd opposite party did not inform the complainant that everything is all right and fitness certificate will be made ready soon, since the complainant has cardiac problem.   The 2^nd opposite party scrutinized the reports of the complainant and he informed the complainant that his ECG is abnormal and Cardiac evaluation is required.    The complainant   cannot afford the cost of such evaluation in any private hospital.   The 2^nd opposite party referred the complainant to the Government Rajaji Hospital, Madurai.   On 9.8.2005 the complainant met the 3^rd opposite party and he furnished only the Echo report.   The 3^rd opposite party directed to meet the 2^nd opposite party at 4.30 p.m.    The 2^nd opposite party informed the complainant that he has not undergone detailed cardiac evaluation and the 2^nd opposite party referred the complainant to Stanley Government Hospital for Echo and Treadmill tests.    On 10.8.2005 the complainant   undergone the tests in Stanley Hospital and met the 3^rd opposite party and thereafter he did not approached the opposite parties.   The allegation of deficiency in service of the opposite parties are imaginary and unsustainable.    Since  as per the ECG report, Echo tests reveals functioning of the heart is normal.  The   complainant after completion of all the tests has not approached the 2^nd opposite party for proper fitness certificate.   After completion of the tests without approaching the proper person i.e. the 2^nd opposite party who is authorized  to issue fitness certificate; complainant  filed this case leaving, the allegation  of deficiency in service is unsustainable and premature.   Considering the facts and circumstances of the case this forum is of the considered view that the complainant can very well receive the certificate  from the opposite parties and  is not entitled to any relief sought for in the complaint and the points are answered accordingly.

        In the result the   complaint is dismissed.  No cost.

            Dictated by the President to the Assistant, taken down, transcribed and computerized by her, corrected by the President and pronounced by us in the open Forum on this the 19^th day  of  December  2017.  

 

MEMBER-I                        MEMBER-II                             PRESIDENT.

Complainant’s side documents:

Ex.A1  4.8.2005    - Copy of Medical Certificate issued by 1^st opp. party.

Ex.A2  6.8.2005    - Copy of receipts and medical reports issued by Govt.

                               Rajaji Hospital, Madurai.

Ex.A3  27.8.2005  - Copy of Medical fitness report issued by Qualitas Hospital,

                              Chennai.

Ex.A4  15.9.2005  - Copy of legal notice.

 

Ex.A5  22.10.2005         - Copy reply notice.

 

Opposite parties’ side document: -     

Ex.B1 22.10.2005   Copy reply notice.

 

 

MEMBER-I                        MEMBER-II                             PRESIDENT.