District Consumer Disputes Redressal Commission ,Faridabad.
Consumer Complaint No.575/2021.
Date of Institution: 09.11.2021.
Date of Order: 19.12.2022.
Sumit Aggarwal S/o Sh. Rameshwar Lal R/o Near Cloth Market, Kuchaman City, Nagaur, Rajsthan – 341508. Also at:- H.NO. 1033, Block C, sEctor-7, Faridabad, Haryana.
…….Complainant……..
Versus
H.O.D. House of Diagnostics healthcare Pvt. Ltd., Plot NO. 55, Krishna Tower, Neelam Bata Road, NIT, Faridabad, Haryana,
…Opposite party……
Complaint under section-12 of Consumer Protection Act, 1986
Now amended Section 34 of Consumer protection Act 2019.
BEFORE: Amit Arora……………..President
Mukesh Sharma…………Member.
Indira Bhadana………….Member.
PRESENT: Sh. Subodh Kumar, counsel for the complainant.
Sh. Pardeep Shandilya, counsel for opposite party.
ORDER:
The facts in brief of the complaint are that the complainant approached the opposite party for HRCT Chest on 29.04.2021 and paid Rs.3490/- through bill NO. DFBDB/21-22/00003861. During that time there was a pandemic situation all over the cou7ntry and there was lockdown. The marriage of the complainant was performed in very simple manner and after marriage due to lock down the complainant could not return to his native village with his newly wedded wife and forced to stay/resided at H.No. 1033, Block C, Sector-7, Faridabad. After the marriage the complainant felt some problem and got tested himself at Lal Path Lab and report was found to be Covid Positive on 24.04.2021. After that the complainant contactead the opposite party for GRCT Chest on 29.4.2021 and paid Rs.3490/- through bill NO. DFBDB/21-22/00003861 and got tested on the same day. The test was conducted by Dr. Deepanshu Gupta, Consultant Radiologist and the report was given with findings and impression that the findings suggest viral pneumonitis, CIRADS-6 and the CT Severity index – 13/25 (moderate). The complainant had got tested his relative also on same day namely Nirmalesh Bhargava and got her report. It was surprising for the complainant that both the reports were identical; there was not any difference even a single word. While the complainant was 34 years old and the relative of the complainant namely Nirmalesh Bhargava was 74 years old. The complainant became very afraid to see the report and when the report of the complainant and his relative was identical, it became clear that the report was wrong. The complainant contacted to the opposite party regarding the report but the opposite party did not take care to the opposite party. So, the complainant went to another lab namely Advanced NCR Diagnostics, 5E/21 BP, Near B.K.Chowk, NIT, Faridabad on the same day i.e.29.4.2021 and got tested again. The complainant had paid Rs.4000/- to Advanced NCR Diagnostics for the test. The complainant got the report which was completely different from the report which was given by the opposite party. According to the report from the Advanced NCR Diagnostic the Corads V and CT Severity was 4/25 and condition told as mild. The complainant sent an e-mail to the opposite party regarding the wrong report in which he had mentioned that the report was not correct and after that the opposite party had sent an another report to the complainant on 01.05.2021 and according to the report the CT Severity was 6/25 and that was mild. The opposite party had made the complainant moderate through the report dated 29.04.2021 and after e-mail on 30.04.2021 the opposite party sent another report on 01.05.2021 he was told mild. Due to the negligence of the opposite party the complainant had to move another lab and retested himself as well as suffered very much. On 02.05.2021 the complainant again sent an e-mail to the opposite party to refund the money which was paid to the opposite as the report was not correct and the complainant had to move another lab but there was no reply form opposite party’s side. The complainant had sent several mails to the opposite party but all in vain. The aforesaid act of opposite party amounts to deficiency of service and hence the complaint. The complainant has prayed for directions to the opposite party to:
a) pay Rs. 19,00,,000/- as compensation for causing mental agony and harassment .
b) Pass Rs.3490/-which was paid for test.
c) pay Rs. 10,000 /-as litigation expenses.
2. Opposite party put in appearance through counsel and filed written statement wherein Opposite party refuted claim of the complainant and submitted that the complainant approached the opposite party for HRCT chest test on 29.04.2021 and paid Rs.3490/- through bill NO. DFBDB/21-22/00003861. It was correct that the test was conducted by doctor Deepanshu Gupta consultant radiologist & the report was given with finding and impression that the findings suggest viral neumonitis, CORADS-6, and the CT severity index-13/25(moderate). Further opposite parties state and submitted that relative of the complainant namely Ms. Nirmalesh Bhargava was also tested and the findings of test were provided to her alongwith the scans. Further, while it was accepted that due to the inadvertent error, a pre-existing report was reproduced and sent to Sumit Aggarwal the error was unintentional and occurred due to computer system and extreme pressure during the situation prevailing at that time, which was however promptly rectified as soon as the attention of the answering opposite party was drawn to it. The error in the report of the radiologist supplied to the complainant was however regretted and it was stated that the opposite party aims to follow all necessary protocols to ensure that such errors which may still inadvertently creep in. The efforts was therefore to reduce such possibilities and rectify the same as soon as such error was brought to the notice of service provider. In fact, was an admitted position that on 1.5.2021 (within 1 day) a revised connected report was provided to the complainant herein upon receipt of his email dated 30.4.2021. It was however stated that alongwith the written report, the complainant was also provided with the original scans of the CT examination carried out, in respect of which there was no dispute. The CT scans could be and would be examined by any doctor and hence there could be no ambiguity or suspicion on condition of the complainant herein and the medications which could be prescribed to him. It was in any case submitted that in the revised report the complainant was diagnosed with, Viral Pneumonitis, CORADS-6 and the CT Severity index-6/25 (mild disease) which was duly indicated and shared with the complainant on 0105.2021. The complainant sent an email to the opposite party regarding the wrong report in which he mentioned that the report was not correct. It was submitted that since a grievance was made to the answering oppositeprty with regard to the error in the report, the same was immediately taken cognizance of and upon finding that an error has in fact crept in the report due to unintentional error occurred by computer system, the opposite party rectified the error and sent a correct report dated 01.05.2021 to the complainant promptly.
It was admitted that the complainant sent an emails to the opposite party regarding the refund of the test fee by the lab. Further it was admitted that opposite party did not reply to the mail sent by the complainant since corrected written report of the radiologist had already been sent to the complainant on 01.05.2021 in addition to the original CT scans which had been provided to the complainant on 29.04.2021 itself. The said report was accepted by the complainant on 01.05.2021 and hence the grievance of the complainant had been redressed. Thus, the demand for refund of the amount of Rs.3490/- was not justified. Opposite party denied rest of the allegations leveled in the complaint and prayed for dismissal of the complaint.
3. The parties led evidence in support of their respective versions.
4. We have heard learned counsel for the parties and have gone through the record on the file.
5. In this case the complaint was filed by the complainant against opposite party– H.O.D. House of Diagnostics Healthcare Pvt. Ltd. with the prayer to: a) pay Rs. 19,00,,000/- as compensation for causing mental agony and harassment . b) Pass Rs.3490/-which was paid for test. c) pay Rs. 10,000 /-as litigation expenses.
To establish his case the complainant has led in his evidence, Ex.CW1/A – affidavit of Complainant Sumit Aggarwal, Ex.C-1 – Adhaar card, Ex.C-2 – Invoice/Receipt,, Ex.C-3 & 4– Tests, Exs.C-5 – receipt of Rs.4000/-, Ex.C-6 & 7- Tests, Ex.C-8 – email dated April 30,2021, Ex.C-9 & 10 – legal notice & postal receipt.
On the other hand counsel for the opposite party strongly agitated and
opposed. As per the evidence of the opposite party Avinash Prakash, COD (Chief Operating Officer)/authorized representative of H.O.D. House of Diagnostic Healthcare Pvt. Ltd. Plot NO.55, Krishna Tower Neelam Bata Road, NIT, Faridabad, Ex.R-1 & 2 – Tests.
6. After going through the evidence led by both the parties, the Commission is of the opinion that there is a typical mistake of the name of the complainant. During the course of arguments, counsel for the opposite party admitted this fact and stated at Bar that opposite party is ready to pay the reasonable compensation to the complainant. No loss has been occurred to the complainant due to the mistake of opposite party. Keeping in view of the above
, the Commission is of the opinion that infact there is no loss to the complainant. But in the interest of justice, this is not a simple mistake. Hence, the complaint is allowed.
7. Opposite party is directed to pay Rs.75,000/- as compensation on account of mental tension, agony and harassment alongwith Rs.3300/- as litigation expenses to the complainant. Compliance of this order be made within 30 days from the date of receipt of copy of order. Copy of this order be given to the parties concerned free of costs and file be consigned to record room.
Announced on: 19.12.2022 (Amit Arora)
President
District Consumer Disputes
Redressal Commission, Faridabad.
(Mukesh Sharma)
Member
District Consumer Disputes
Redressal Commission, Faridabad.
(Indira Bhadana)
Member
District Consumer Disputes
Redressal Commission, Faridabad.
