Chandigarh

DF-II

CC/965/2016

Harjinder Jit Singh - Complainant(s)

Versus

Khandelwal Diagnostics, Automated Clinical Lab & Molecular Diagnostic Centre - Opp.Party(s)

Vivek Kathuria Adv. & Ajay Singla Adv.

28 Jul 2017

ORDER

DISTRICT CONSUMER DISPUTES REDRESSAL FORUM-II, U.T. CHANDIGARH

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Consumer Complaint  No	:	965 of 2016
Date  of  Institution	:	16.11.2016
Date   of   Decision	:	28.07.2017

 

 

 

 

Harjinder Jit Singh s/o Sh.Davinder Singh, R/o Tanda Khem, Post Office Kela Khera, Udham Singh Nagar, Uttarakhand.    

             …..Complainant

Versus

1]  Khandelwal Diagnostics, Automated Clinical Lab & Molecular Diagnostic Centre, SCO Nos.108-109, Sector 8-C, Madhya Marg, Chandigarh through its Proprietor Dr.Indrani Khandelwal.

2]  Dr.Indrani Khandelwal, Proprietor of Khandelwal Diagnostics, Automated Clinical Lab & Molecular Diagnostic Centre, SCO Nos.108-109, Sector 8-C, Madhya Marg, Chandigarh. 

                          ….. Opposite Parties

 

BEFORE:  SH.RAJAN DEWAN                 PRESIDENT

         MRS.PRITI MALHOTRA             MEMBER

                                SH.RAVINDER SINGH              MEMBER 

 

Argued by: Sh.Jatinder Bansal, Adv. proxy for Sh.Ajay

           Singla, Adv. for complainant

 Dr.Priya Anad, Adv. proxy for Sh.Vikram Anand, 

 Adv. for OPs.

 

 

PER PRITI MALHOTRA, MEMBER

 

 

          Succinctly put, the complainant on 26.8.2016 went to OPs for routine medical checkup in morning at about 8.30/9.00 AM and the OPs charged an amount of Rs.3200/- from him for that purpose.  It is averred that at about 6.45/7.00 PM on that day, the Opposite Parties handed over a report dated 26.8.2016 to the complainant wherein the PLATELET counts of the complainant shown was 12000 and it was also opined in the results of the report that the complainant is suffering from Dengue NS1 Antigen (Ann.C-1).  It is averred that the complainant got panicky and as such, got himself admitted at Max Healthcare, Super Specialty Hospital, Phase VI, Mohali on 26.8.2016 at 9.00 PM.  It is submitted that the doctors at Max Healthcare called for the medical reports of the complainant and on perusal, it revealed that the complainant is normal and the counts of the PLATELET in the body of the complainant were 1,50,000 at about 11.00 PM on 26.8.2016 and the Doctors of Max Healthcare informed the complainant that the report regarding Dengue NS1 Antigen will be received in the next morning as it takes a day to confirm about the Dengue (Ann.C-2).  It is also submitted that on next day i.e. 27.8.2016, the report regarding Dengue NS1 Antigen was received and the Doctor at MAX Healthcare informed the complainant that no Dengue NS1 Antigen has been detected in the medical report of the complainant (Ann.C-3).  It is pleaded that due to wrong report provided by Opposite Parties, the complainant had to face financial loss well as mental agony and physical harassment too.  Alleging the said act of the OPs as gross deficiency in service and unfair trade practice, hence this complaint has been filed.

 

2]       The OPs have filed joint reply stating that the complaint is bad for non-joinder of necessary party i.e. Max Super Specialty Hospital, Mohali. It is stated that the Opposite Parties are certified by ISO 9001:2008 (Ann.R-1), which shows the integrity of the laboratory of the OPs.  It is submitted that the complainant has moved the present complaint only on the basis that there is difference in the PLATELET Counts and report of dengue NS1 Antigen.  It is also submitted that in fact, the blood Platelet Count is a variable count as per medical research and the same can go on a higher scale or lower scale in a very short span of time.  It is further submitted that a bare perusal of the report of the MAX Hospital (though reports are denied) shows that there is a variation in the report of the Max Hospital itself, the platelets count on 26.8.2016 at 1055 PM was 150.0/L, on 27.8.2016 at 6:57 AM the platelet counts was 108.0/L, on 27.8.2016 at 02:17 PM the platelet counts was 135.0/L.  It is pleaded that this variation in itself shows that there was a decrease in the platelets of the complainant even when he was in Max Hospital under treatment.  It is also pleaded that the decrease in platelets counts from 150.0/L to 108.0/L and then to 135.0/L in itself shows that there was a problem in the platelets of the complainant.  It is further pleaded that the complainant has also not placed on record or requested for any expert opinion in the matter, as per the settled law on the matter.  It is submitted that the Opposite Parties never referred the complainant to any Hospital and it only did its part of duty/service by explaining the result of the blood reports in which platelets were 20,000 (in actual it is 12000 as per Ann.C-1) and the same was intimated to the complainant.  Pleading no deficiency in service and denying rest of the allegations, the Opposite Parties have prayed for dismissal of the complaint.

 

3]       Parties led evidence in support of their contentions.

 

4]       We have heard the ld.Counsel for the parties and have also perused the entire record.

 

5]       The allegation qua wrong diagnosis done by the OPs has not been established by any cogent and convincing evidence by the complainant for the reasons recorded as under.

 

6]       No standard test report has been placed on record by the complainant cogently establishing that he was or was not suffering from Dengue. The test undergone by the complainant at Opposite Party No.1 Lab as well at Max Hospital are the preliminary tests only and not final/confirmatory tests.  It is pertinent to mention that the report of Max Hospital reveals Dengue NSI Antigen - Not Detected and recommends as under:-

“Dengue NSI Antigen (Rapid         Not Detected

Immunochromatographic)        

Dengue NSI Antigen Comment

This is a rapid screening test. For confirmation, NS1/IgM MAC ELISA is recommended.

 

Ref. Ranges

1. Dengue Ns1 Antigen rapid card test is as screening test to be used for emergency cases only.
2. Kindly confirm by Dengue NS 1 Antigen Test (Elisa).

 

7]       The test undergone by the complainant at Max Hospital where he allegedly got treatment for Dengue, are itself contradictory in nature showing variation in the Platelets counts, which create suspicion that the complainant might have been suffering from any other disease which may be affecting the platelets counts of the complainant.

 

8]       It is a matter of common sense that in the Hospitals,the patients are treated and not the reports, thus we are of the opinion that before starting with any type of treatment, a clinical examination would have got conducted by the doctor at Max Hospital besides considering different test reports.

 

9]       The complainant in its turn failed to produce the treatment record in the shape of Discharge Summary issued by the Max Hospital disclosing the disease diagnosed by Max Hospital for which the complainant has been given the treatment.   

 

10]      From the above discussion and findings, we are of the opinion that the complainant has failed to set out any case of deficiency in service on the part of the OPs.  Therefore, the complaint is dismissed with no order as to costs.

        Certified copy of this order be communicated to the parties, free of charge. After compliance file be consigned to record room.

Announced

28^th July, 2017             

                                                                                                Sd/-

                                                                   (RAJAN DEWAN)

PRESIDENT

 

 

Sd/-

 (PRITI MALHOTRA)

MEMBER

 

Sd/-

(RAVINDER SINGH)

MEMBER