BEFORE THE DISTRICT CONSUMER DISPUTES REDRESSAL FORUM

CACHAR :: SILCHAR

Con. Case No. 40 of 2013

            Smti. Pompa Nath Mazumder, …………………………………….          Complainant.

                                                                        -V/S-

1.         The Impulse Diagnostics,

            (Represented by its Manager)

            Hailakandi Road, Silchar-15.

            Dist. Cachar, Assam.                                                                                                Opp. Party

Present: -                                Sri Bishnu Debnath,                                                 President,

District Consumer Forum,

                                                Cachar, Silchar.                                            

Mrs. Chandana Purkayastha,                      Member,

                                                            District Consumer Forum,

                                                            Cachar, Silchar.                                            

                                                            Shri Kamal Kumar Sarda,                           Member,

                                                            District Consumer Forum,

                                                            Cachar, Silchar.                                             

            Appeared :-                Mr. Ansarul Haque, Advocate for the complainant.

Mr. Shekhar Das, Advocate for the O.P.

                         Date of Evidence………………………..    01-03-2014, 02-04-2014

                         Date of written argument………………    16-09-2014,

                         Date of judgment……………………….     27-10-2017

JUDGMENT AND ORDER

                              Sri Bishnu Debnath,

1. Smti. Pompa Nath brought the complaint against the Impulse Diagnostics (O.P) for award of compensation for disservice.

2. She stated inter-alia that on 03-09-2013 went to the counter of the O.P for blood test as per advice of Dr. Abhijit Chatterjee. The O.P collected her blood and also received examination charge of Rs.790/- and asked to collect report on 06-09-2013. The husband of the complainant went accordingly, on date fixed but the O.P could to deliver the report. Therefore, 2(two) more dates fixed to deliver the report but failed. Ultimately on 11-09-2013 the O.P asked the complainant to give sample of blood again for examination.

3. The O.P in its W/S stated inter-alia that blood was collect for various test including Thyroid Panel-II. Accordingly, the complainant collected all report except the report for Thyroid test because blood sample for thyroid test sent to Kolkata through Biomed, Silchar but report did not come on date fixed due to some technical problem, for which fresh sample of blood required. It was also assured the complainant that no money will be charged for second sample of blood test, but the complainant did not agree. Hence, O.P told the complainant that the O.P is ready to refund the money charge.

4. Anyhow, during hearing the complainant deposed as P.W and exhibited money receipt. The O.P also examined Mr. David Thausen, the Manager of the O.P.

5. Heard argument of both sides counsels and perused the evidence on record include written argument.

6. In this case, it is admitted fact that blood collected by O.P but could not deliver the Thyroid Test Report in time. Rather the O.P stated that due to technical problem report was not received from SRL Kolkata, for which requested the complainant to give again blood sample. But the O.P did not disclose the exact cause for not sending the report in time. The reason disclosed is cryptic and as such it is not in a position to conclude the fact that the alleged technical problem was beyond control of the O.P. Hence, in this case it is decided in favour of the complainant that due to negligency of the O.P, the disservice was done for non delivering of Thyroid test Report. As such the O.P is liable to compensate the complainant both for mental agony and for not supplying the test report.

7. Therefore, considering all aspect, the O.P is directed to pay compensation of Rs.25,000/-(Rupees Twenty thousand) only. Similar amount of Rs. 25,000/- (Rupees Twenty five thousand) only is also entitled by the Complainant as mental agony. In addition, the Complainant is entitled of Rs. 2,000/- (Rupees Two thousand) only as cost of the proceeding. Therefore, the O.P. is asked to pay total awarded amount of Rs.52,000/-(Rupees Fifty two thousand) only within 45 days from today. In default, the said amount will fetch interest at the rate of 10% per annum w.e.f. today till realization of the full amount.

8. With the above, this case is disposed of on contest. Supply free certificate copy of the judgment to the parties. Given under hand and seal of the District Forum on this the 27^th day of October, 2017.