DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION, BARNALA, PUNJAB.
Complaint Case No: CC/184/2022
Date of Institution: 02.08.2022
Date of Decision: 21.08.2024
Malkeet Singh son of Kaka Singh resident of Gursewak Nagar No. No. 2607, Dhanaula Road, Barnala, Tehsil & District Barnala.
…Complainant
Versus
Gurpreet Singh B.SC. M.L.T (PTU) Medical Technologist in side Dr. Partap Nursing Home, Handiaya Bazar, Barnala, Mob Nos. 78890-45738, 88473-99569.
…Opposite Party
Complaint Under Section 35 of the Consumer Protection Act, 2019.
Present: Sh. Munish Kumar Garg Adv counsel for complainant.
Sh. Gagandeep Garg Adv counsel for opposite party.
Quorum.-
1. Sh. Ashish Kumar Grover: President
2. Smt. Urmila Kumari: Member
3. Sh. Navdeep Kumar Garg: Member
(ORDER BY ASHISH KUMAR GROVER PRESIDENT):
The complainant has filed the present complaint under Section 35 of the Consumer Protection Act 2019 against Gurpreet Singh B.SC. M.L.T (PTU) Medical Technologist in side Dr. Partap Nursing Home, Handiaya Bazar, Barnala, Mob Nos. 78890-45738, 88473-99569 (in short the opposite party).
2. The facts leading to the present complaint are that on 18.07.2022 complainant Malkeet Singh was feeling pain in one of his jaw and he went to Rajindra Multispecialty Dental Hospital, situated Handaya Bazar, Opp. Dr. Saroj Jain Hospital, Barnala for treatment of the same. It is further alleged that the complainant Malkeet Singh was examined by Dr. Swati Garg and other three doctors and they referred the complainant to Life Care Computerized Laboratory, situated inside Dr. Partap Nursing Home, Handiaya Bazar Barnala, which is being run by medical technologist Gurpreet Singh B.Sc MLT (PTU) and in the said laboratory complainant met said Gurpreet Singh. He took the blood sample of complainant and furnished a report and this laboratory test report was handed over to Dr. Swati Garg through after consultation with all the other three doctors of the Rajindra Dental Hospital and stated that the complainant is suffering from Hepatitis-C which in Punjabi is said to be “Kala Pilia” and further told the complainant that this leads to cancer and that the complainant can die at any moment and he is not fit for any dental surgical treatment and he is in critical stage. Dr. Swati Garg then prepared a medicine slip for reducing the pain by assaulting that due to Hepatitis-C no surgical treatment is possible prescribed the medicines by issuing a slip. It is further alleged that the complainant rushed to Dr. Malhi’s, Gastro & Liver Clinic, Dr. Nirmaljit Singh Malhi, M.D (Medicine), DM (Gastroenterology) PGI Chandigarh, Director A.G.I. The Gastrociti, Ludhiana. After exhaustive laboratory tested dated 21.7.2022 and it was concluded by the said medical institution that Malkeet Singh was not suffering from Hepatitis C and he was fit for dental surgery and is not suffering from any dangerous disease and his life is not in danger. It is further alleged that on the evening of 22.07.2022 complainant again came to Rajindra Hospital Barnala where all the doctors met them and they were shown the report of Dr. Malhi's Hospital, Ludhiana and after seeing the reports all the above said doctors summoned Gurpreet Singh and complainant accompanied Gurpreet Singh to his laboratory and then after taking a blood sample of complainant Gurpreet Singh prepared an another report which was dated 18.07.2022 though the test was held on 22.07.2022. It is further alleged that Gurpreet Singh asked complainant to hand him over the previous report which was actually done on 18.7.2022 and complainant handed over the said report to Gurpreet Singh and then Gurpreet Singh pocketed the said report in the pocket of his pent and hand over the above said ante date report of complainant in which it was reported that the complainant was not suffering from Hepatitis-C. When the complainant asked the Gurpreet Singh to hand over the previous report then Gurpreet Singh refused to do so. Earlier to that the photographic shot was taken on the mobile phone. It is further alleged that the complainant incurred an expenditure of Rs. 13,393/- and Rs. 5,000/- for travelling in a car from Bathinda to Ludhiana and then to Doraha. It is further alleged that in this way the complainant suffered in terms as stated above Rupees 20 Lakhs due to the false report and false advice of the opposite party even the complainant could have died by a heart attack as he was in an unstable physical condition due to the impact of the above said false medical reports. Hence, the entire family of complainant suffered physical as well as mental harassment due to this false report and medical advice, as such there is deficiency in service on the part of the opposite party. Hence, the present complaint is filed for seeking the following reliefs.-
The opposite party may be directed to pay an amount of Rs. 20,00,000/- on account of mental agony, harassment and humiliation suffered by the complainant and his family members and Rs. 25,000/- as litigation expenses.
3. Upon notice of this complaint, the opposite party appeared and filed written version by taking legal objections interalia on the grounds that the present complaint is frivolous, vexatious and filed only to harass and humiliate the opposite party. The complaint doesn't fall under the definition of consumer. The present complaint is wholly mis-conceived, groundless and unsustainable in law and liable to be dismissed. The present complaint is bad on the ground of non joinder and misjoinder of the opposite parties. Because in that day complainant has used Kit of the Company Athenese- DX Pvt. Ltd., Module No.407 & 408, 4" floor TICEL. Bio Park II, No.5, CSIR Road, Taramani, Chennai-600113 for testing the Hepatitis C, because opposite party has only inserted the blood sample in the above said kit and after that all process of diagnose is done by those kit and as per results provided by above said kit opposite party has prepared the said reports. Thus in present compliant, the complainant has not made party to the above said company, which is necessary for the proper adjudication of the present complaint. The Complainant has got no locus-standi or cause of action to file the present complaint against the opposite party etc.
4. On merits, it is admitted that on 18.07.2022 complainant approached to the answering opposite party and told to do test and on asking by opposite party, complainant told that he has started his treatment under the Observation of Doctor Swati Garg of Rajindra Multispecialty Dental Hospital Barnala and who orally directed him to check up for Hepatitis, then he came to opposite party and as per complainant's oral request, opposite party took sample of blood and made report. It is further submitted that to diagnose test of Hepatitis-C, opposite party used the Kit of the Company Athenese- DX Pvt. Ltd., Module No.407 & 408, 4th floor TICEL Bio Park II, No.5, CSIR Road, Taramani, Chennai-600113 for testing the Hepetetitus-C, and opposite party has only inserted the blood sample in the above said kit and after that all process of diagnose is done by that kit and as per result provided by above said kit opposite party has prepared the said report. It is further submitted that on those days the kits provided by company was not giving proper reports and some time it provides faulty reports and after watching above said report and conversation with complainant regarding symptoms of the Hepatitis-C, opposite party to provide exact report efficiently and keeping in mind the fact of faulty kits opposite party same time again repeated the same test by using another new kit and from which the result of non-reactive came for the complainant. It is further alleged that the letter bearing no.2064/2022 regarding faulty Kits of HbsAg-HCV forwarded to Deputy Medical Commissioner Barnala dated 07.06.2022 and letter bearing No.3719 dated 28.07.2022 forwarded to Senior Medical Officer Barnala regarding same. It is further alleged that from the prescription Slip itself shows that said doctor nowhere mentioned about the Hepatitis-C and Just advised for RC (Root Canal Treatment), thus if any report made with diagnose of positive of Hepatitis-C by opposite party then treating doctor always mentions it on prescription slip and treats the patient accordingly, but here nothing like this is mentioned by the treating doctor because report issued by the opposite party. It is submitted that complainant approached to the Dr. Malhi' Gastro & Liver Clinic, and other doctors for his own body checkups for his own convenience answering opposite party has no relation with that. All other allegations of the complaint are denied and prayed for the dismissal of complaint.
5. Complainant filed rejoinder to the version of opposite party and denied the averments as mentioned in the version.
6. The complainant tendered into evidence adhaar card of Malkeet Singh as Ex.C-1. copy of Prescription slip as Ex.C-2, copies of lab reports are Ex.C-3 & C-4, copies of bills and receipts are Ex.C-5 to C-8, copy of Prescription slip as Ex.C-9, copies of final reports are Ex.C-10 to C-14, copy of ultrasound report as Ex.C-15 (containing 4 pages), copy of Scan report as Ex.C-16, affidavit of complainant as Ex.C-17 and closed the evidence.
7. The opposite party tendered into evidence affidavit of Gurpreet Singh Ex.O.P-1, copy of report Ex.O.P-2, copy of letter dated 7.6.2022 Ex.O.P-3, copy of letter dated 27.7.2022 Ex.O.P-4, photograph Ex.O.P-5 and closed the evidence.
8. We have heard the learned counsel for the parties and have gone through the record on the file. Written arguments filed by the opposite party.
9. Ld. Counsel for the complainant argued that on 18.07.2022 complainant Malkeet Singh was feeling pain in one of his jaw and he went to Rajindra Multispecialty Dental Hospital, situated Handaya Bazar, Opp. Dr. Saroj Jain Hospital, Barnala for treatment of the same and the prescription slip is Ex.C-2. It is further argued that the complainant Malkeet Singh was examined by Dr. Swati Garg and other three doctors and they referred the complainant to Life Care Computerized Laboratory, situated inside Dr. Partap Nursing Home, Handiaya Bazar Barnala, which is being run by medical technologist Gurpreet Singh B.Sc MLT (PTU), who took the blood sample of complainant and furnished a report and the same was handed over to Dr. Swati Garg through after consultation with all the other three doctors of the Rajindra Dental Hospital and stated that the complainant is suffering from Hepatitis-C which in Punjabi is said to be “Kala Pilia” (as per Ex.C-2) and further told the complainant that this leads to cancer and that the complainant can die at any moment and he is not fit for any dental surgical treatment. It is further argued that the complainant rushed to Dr. Malhi’s, Gastro & Liver Clinic, Dr. Nirmaljit Singh Malhi, M.D (Medicine), DM (Gastroenterology) PGI Chandigarh, Director A.G.I. The Gastrociti, Ludhiana after exhaustive laboratory tested dated 21.7.2022 and it was concluded by the said medical institution that Malkeet Singh was not suffering from Hepatitis C (as per Ex.C-10) and he was fit for dental surgery and is not suffering from any dangerous disease and his life is not in danger. It is further argued that on the evening of 22.07.2022 complainant again came to Rajindra Hospital Barnala where all the doctors met them and they were shown the report of Dr. Malhi's Hospital, Ludhiana and after seeing the reports all the above said doctors summoned Gurpreet Singh and complainant accompanied Gurpreet Singh to his laboratory and then after taking a blood sample of complainant Gurpreet Singh prepared an another report which was dated 18.07.2022 though the test was held on 22.07.2022 (i.e. Ex.C-4. It is further argued that Gurpreet Singh asked complainant to hand him over the previous report which was actually done on 18.7.2022 and complainant handed over the same and then said Gurpreet Singh hand over the above said ante date report of complainant in which it was reported that the complainant was not suffering from Hepatitis-C. It is further argued that the complainant incurred an expenditure of Rs. 13,393/- and Rs. 5,000/- for travelling in a car from Bathinda to Ludhiana and then to Doraha. It is further argued that in this way the complainant suffered in terms as stated above Rupees 20 Lakhs due to the false report and false advice of the opposite party even the complainant could have died by a heart attack as he was in an unstable physical condition due to the impact of the above said false medical reports, as such there is negligent and deficiency in service on the part of the opposite party.
10. On the other hand, Ld. Counsel for the opposite party argued that the present complaint is bad on the ground of non joinder and misjoinder of the opposite parties because in that day complainant has used Kit of the Company Athenese- DX Pvt. Ltd., Module No.407 & 408, 4" floor TICEL. Bio Park II, No.5, CSIR Road, Taramani, Chennai-600113 for testing the Hepatitis C, as the opposite party has only inserted the blood sample in the above said kit and after that all process of diagnose is done by those kit and as per results provided by above said kit opposite party has prepared the said reports. It is further argued that on those days the kits provided by company was not giving proper reports and some time it provides faulty reports and after watching above said report and conversation with complainant regarding symptoms of the Hepatitis-C, opposite party to provide exact report efficiently and keeping in mind the fact of faulty kits opposite party same time again repeated the same test by using another new kit and from which the result of non-reactive came for the complainant. It is further argued that the letter bearing No.2064/2022 regarding faulty Kits of HbsAg-HCV forwarded to Deputy Medical Commissioner Barnala dated 07.06.2022 (Ex.O.P-3) and letter bearing No. 3719 dated 28.07.2022 (Ex.O.P-4) forwarded to Senior Medical Officer Barnala regarding same. It is further argued that from the prescription slip itself shows that said doctor nowhere mentioned about the Hepatitis-C and Just advised for RC (Root Canal Treatment), thus if any report made with diagnose of positive of Hepatitis-C by opposite party then treating doctor always mentions it on prescription slip and treats the patient accordingly. It is further argued that complainant approached to the Dr. Malhi' Gastro & Liver Clinic and other doctors for his own body checkups for his own convenience and the opposite party has no relation with that.
11. We have carefully gone through the facts and evidence produced by both the parties. The complainant in order to prove his case has placed on record report of Life Care Computerized Laboratory situated inside Dr. Partap Nursing Home, Handiaya Bazar Barnala, which is being run by medical technologist Gurpreet Singh B.Sc MLT (PTU), who took the blood sample of complainant i.e. Ex.C-3 vide which it is mentioned in the column of Test Name HCV (Hepatitis-C) “Reactive”. It is admitted case of the opposite party that the complainant approached the opposite party for the test of HCV (Hepatitis-C) on 18.7.2022. It is further admitted by the opposite party in its written version that on those days the kits provided by company was not giving proper reports and some time it provides faulty reports. The opposite party also produced letter bearing No. 2064/2022 regarding faulty kits forwarded to Deputy Medical Commissioner Barnala dated 7.6.2022 and letter bearing No. 3719 dated 28.7.2022 forwarded to Senior Medical Officer Barnala. The said letters are Ex.O.P-3 & Ex.O.P-4. The complainant to prove his case also produced the report of AGI Path Lab Ex.C-10 vide which the test of HCV was reported Not Detected. On the perusal of the file and evidence produced by both the parties it is nowhere mentioned that the complainant has taken any treatment for Hepatitis-C on the report of opposite party.
12. It is also admitted case of the opposite party that kits used by the opposite party some time was not giving proper reports and some time it provides faulty reports and in this regard the opposite party further admitted that he has sent letters to the authorities. Despite this fact the opposite party continue using the above said faulty kits is clear cut deficiency in service and unfair trade practice on the part of the opposite party. The complainant has not produced any bill for repeated test of HCV Hepatitis-C from different labs. But it is clearly evident that the complainant suffered lot of mental pain and harassment at the hands of opposite party.
13. From the above said discussion, the present complaint is partly allowed and the opposite party is directed to pay an amount of Rs. 10,000/- on account of consolidated amount of compensation as well as litigation expenses to the complainant. The opposite party is further directed to pay an amount of Rs. 20,000/- to Consumer Legal Aid Account maintained by this Commission on account of using the defective test kits despite his knowledge. Compliance of this order be made within the period of 45 days from the date of the receipt of the copy of this order. Copy of the order be supplied to the parties free of costs. File be consigned to the records after its due compliance.
ANNOUNCED IN THE OPEN COMMISSION:
21st Day of August, 2024
(Ashish Kumar Grover)
President
(Urmila Kumari)
Member
(Navdeep Kumar Garg)
Member
