Delhi

North East

CC/184/2015

Sunil Kr. - Complainant(s)

Versus

Lama Medical Centre - Opp.Party(s)

03 May 2019

ORDER

 DISTRICT CONSUMER DISPUTES REDRESSAL FORUM: NORTH-EAST

GOVT. OF NCT OF DELHI

D.C. OFFICE COMPLEX, BUNKAR VIHAR, NAND NAGRI, DELHI-93

 

Complaint Case No. 184/15

 

In the matter of:

 

	Sh. Sunil Kumar S/o Sh. Ramesh Chandra R/o Village Roshanpur Gothia Kanchan Puri Tote Wala Police Station Dinesh Pur Post Office Gadarpur, Tehsil Gadarpur District Udham Singh Nagar, Uttarakhan	Complainant
	Versus
	Lama Medical Centre R-4, Khirki Extension, Near Women Polytechnic, Malviya Nagar New Delhi-110017	Opposite Party

 

DATE OF INSTITUTION:      JUDGMENT RESERVED ON:                DATE OF DECISION    :

23.05.2015 03.05.2019 03.05.2019

 

N.K. Sharma, President

Ms. Sonica Mehrotra, Member

 

 Order passed by Ms. Sonica Mehrotra, Member

ORDER

1. Concise facts of the present case are that the complainant was offered an overseas job as an electric draughtsman by Advanced Vision Company (Co.), dealing with Electro Mechanical Works located at Doha, Qatar through Henna International, an Indian Placement agency where his interview was conducted for recruitment in March 2015 and accordingly the said Company had directed the complainant to get his medical checkup and test done with OP1 Medical Centre with whom they had an exclusive tie up. The complainant went to OP1 for checkup on 24.03.2015 and paid a sum of Rs. 4,000/- for lab tests, vaccination etc. However, vide medical test report / GCC Slip no. GCC / 24 / 153 / 24 / 7748623 signed by Dr. Sanjay Hak, Chief Physician, complainant was declared ANTI HCV POSITIVE on ELISA test and was declared “UNFIT” for the said job for which he had earlier been given an offer of a total salary package of 6500 QAR (Qatar Riyal) by Advanced Vision and therefore lost out on a lucrative overseas job opportunity of two years @ Rs. 1,10,500 in INR. The complainant was shocked to receive the said report and immediately got himself checked for HCV test at Sanjay Pathological Laboratory, Udham Singh Nagar, Uttarakhand on  26.03.2015  where the report / result for the said test was shown as NEGATIVE. The complainant took a second checkup at Dr. Lal Path Labs, Kalkaji Delhi on prescription / advice of OP2 on 11.04.2015 and the said report also showed complainant as HCV NEGATIVE for Hepatitis C as also marked / noted in OP2’s prescription dated 13.04.2015 “report  is non reactive shown by Dr. Lal Path Labs”. Therefore, the complainant has filed the present complainant against OP1 for giving wrong report alleging financial loss, ruin of career, mental pain and agony and prayed for issuance of direction against OP1 to pay a sum of  Rs. 18 Lakhs as compensation for financial loss, Rs. 1,50,000/- as compensation for mental pain and agony and Rs. 50,000/- towards litigation charges.
2. Complainant has annexed copy of Interview Assessment Form of himself dated 15.03.2015 held with Advanced Vision Co., copy of offer letter issued by them through their HR / Admn. Manager to the complainant for total salary package of 6500 Qatar Riyal, copy of business card of Henna International Recruitment Agency, copy of receipt of payment made to OP1 of Rs. 4,000/- by complainant on 24.03.2015 for lab test, copy of vaccination certificate issued by OP1, copy of lab report dated 24.03.2015 showing complainant as ANTI HCV POSITIVE declaring him “UNFIT for job according to the GCC Criteria”, copy of GCC slip issued by GAMCA NEW DELHI (INDIA) dated 24.03.2015 with stamp “UNFIT” issued by OP1 for the complainant, copy of Serology Test Report dated 26.03.2015 of HCV test of complainant from Sanjay Pathological Laboratory showing NEGATIVE result, copy of Dr. Lal Path Labs report dated 11.04.2015 showing NEGATIVE result for HEPATITIS C for complainant and OP2’s prescription dated 13.04.2015 endorsing the same.
3. Notice was issued to the OP1 alone, OP2 being considered as witness to be called if necessary. OP1 did not appear despite service effected on 17.09.2015 and was therefore proceeded against ex-parte vide order dated 08.01.2016.
4. Evidence by way of affidavit and written arguments were filed by the complainant on 26.02.2016 and 10.05.2016 respectively in reiteration of his grievance against OP1.
5. We have heard the arguments addressed by the complainant’s counsel. During the course of oral arguments, counsel for complainant placed on record judgment of Hon’ble NCDRC in Chandigarh Clinical Laboratory Vs. Jagjeet Kaur IV (2007) CPJ 157 (NC) in support of his case in which the Hon'ble National Commission observed that ‘duty of care’ required from a qualified pathologist was not given in the said case where wrong blood test report was given and this is clear instance of medical negligence on the part of laboratory proving deficiency of service on its part and further observed that whether harm can to be patient or not would not be a criteria and upheld the orders of District Forum and State Commission against the laboratory.
6. The Hon'ble National Commission in Deo Kumar Singh Vs. C. B. P. Sinha (Dr.) (2008) CPJ 205 (NC) held in a case of lab giving wrong blood test report that appropriate treatment could not be give due to the said erroneous report and giving such report in casual manner is condemnable and a clear case of failure on the part of OP in exercising adequate care in analyzing the blood thereby OP directing to pay compensation.
7. In the present case on perusal of documents placed on record, it is crystal clear that Advanced Vision Co. had exclusive tie up with OP1 in terms of medical examination and test evaluation report of prospective employee from India and would acknowledge only OP1’s report and give credence to it as can be seen from the endorsement on top of the medical test report of the complainant dated 24.03.2015 marked as “EXECUTIVE BOARD OF THE HEALTH MINISTER’S COUNCIL FOR G.C.C. STATES” and OP1 declaring complainant “UNFIT” would seal his fate in terms of the job opportunity which came his way and being declared  “ANTI HCV POSITIVE” by OP1, the complainant lost out on a lucrative job opportunity as Advanced Vision Co. would not have relied or trusted any other report from any other laboratory other than OP1’s given their exclusive arrangement inter se and further endorsed by GAMCA NEW DELHI with respect to the complainant.
8.  We have given our anxious consideration to the material placed on record and judgment relied upon by the complainant and observation of Hon'ble National Commission in regard to such cases and are of the considered opinion that OP1 has been grossly negligent in performing its duty towards the complainant despite skill and knowledge and trust reposed on it and showed utter dereliction of duty and casualness in conducting blood test report of the complainant which cost him a lucrative overseas job not to mention the mental agony that he would have under gone seeing such an adverse report.  We therefore hold OP1 guilty deficiency of service and direct it to pay a sum of Rs. 25,000/- to the complainant as compensation for mental agony and harassment alongwith sum of Rs. 5,000/- as litigation charges. However, in absence of any correspondence placed on record between complainant and OP1 to corroborate the allegation of having lost out on overseas job because of erroneous blood test report, we are not inclined to grant any compensation on such ground.     
9.  Let a copy of this order be sent to each party free of cost as per regulation 21 of the Consumer Protection Regulations, 2005.
10.   File be consigned to record room.
11.   Announced on  03.05.2019

 

(N.K. Sharma)      President

(Sonica Mehrotra)  Member