West Bengal

Kolkata-II(Central)

CC/224/2021

Pranayjit Bose - Complainant(s)

Versus

Medlife Laborty - Opp.Party(s)

Self

16 Apr 2021

ORDER

DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION
KOLKATA UNIT - II (CENTRAL)
8-B, NELLIE SENGUPTA SARANI, 7TH FLOOR,
KOLKATA-700087.
 
Complaint Case No. CC/224/2021
( Date of Filing : 15 Mar 2021 )
 
1. Pranayjit Bose
87A/1,Bosepukur Road, P.O and P.S. Kasba,Kolkata-700042.
...........Complainant(s)
Versus
1. Medlife Laborty
Salt Lake Electronics Complex,GP Tronics,Sector-V,Plot no.Y,17,EP Block,Kolkata-700091.
............Opp.Party(s)
 
BEFORE: 
 HON'BLE MR. Swapan Kumar Mahanty PRESIDENT
 HON'BLE MRS. Sahana Ahmed Basu MEMBER
 HON'BLE MR. Ashoke Kumar Ganguly MEMBER
 
PRESENT:
 
Dated : 16 Apr 2021
Final Order / Judgement

Order No. 02 Date.  16.04.2021

            Today is fixed for Admission Hearing.

Mr. Priya Sankar Bose, authorized representative of the Complainant is present. Perused the consumer complaint coupled with documents annexed thereto.

            The brief fact of the case is that complainant placed an order to the OP through ‘On Line’ for check up / test of his cousin brother, Sri Sanju Dutta on going through the advertisement in internet and paid Rs.799/- as advance and the OP acknowledged the receipt with an assurance to visit next day. The OP vide E-Mail dated 01.02.2021 advised Sri Sanju Dutta to remain in empty stomach for 10 to 12 hours before sample collection. The technician of OP did not turn up to collect blood on the date fixed for which the condition of the patient became ill for which the OP is guilty of deficiency in service and unfair trade practice.

 On perusal of the letter dated 01.02.2021 of the OP, we do not find any specific date when the technician of OP is to collect the sample of patient, Sanju Dutta. The said letter only advised the patient to remain in empty stomach for about 10 - 12 hours. Moreover, the complainant fails to produce any medical paper to establish that on account of non collection of blood the condition of the patient was critical. No document is also forthcoming on the part of the complainant that the OP fixed a specific date for collection of sample through their technician.

            In view of the above aspect, we are of the view that the complainant has failed to substantiate the allegation made out in the consumer complaint.  Thus the complainant fails to establish a prima facie case to go into trial. Therefore, we are not inclined to admit the complaint and dismissed in limine.                                                    

 
 
[HON'BLE MR. Swapan Kumar Mahanty]
PRESIDENT
 
 
[HON'BLE MRS. Sahana Ahmed Basu]
MEMBER
 
 
[HON'BLE MR. Ashoke Kumar Ganguly]
MEMBER
 

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