This complaint is filed by the complainant u/S 35 of Consumer Protection Act, 2019 alleging deficiency in service as well as unfair trade practice against the OPs on the ground that due to deficient service of the OP 2 the ailing father of the complainant was suffering from Covid – 19.
The fact of the case of the complainant is that the OP 1 is an Aaya Centre, who used to provide their services by engaging/appointing Aayas/trained nurses to look after the patient, who are under the medical supervision. The complainant approached before the OP 1 for appointment of an Aaya for his aged ailing father. Accordingly an Aaya was appointed being the OP 2 by the OP 1 in order to look after the ailing father of the complainant at his home. The complainant paid the required remuneration as fixed by the OP 1 for such appointment. OP 2 was engaged by the OP 1, who came to the house of the complainant on 19.06.2021. The OP 1 instructed the OP 2 for looking after the ailing father of the complainant. The age of the father of the complainant is about 90 years. The OP 2 started to take care of the father of the complainant. After 1 or 2 days from the date of her joining the OP 2 had developed a mild fever without any other health complication. The complainant has stated that the OP 1 did not provide the Covid Report (RTPCR) of the OP 2 before her appointment. The complainant requested the OP 1 on several occasions for providing the Covid Report of the OP 2, but the OP 1 refused to provide the same. With a bona-fide intention and on good faith the complainant accepted the assurance of the OP 1 and allowed the OP 2 to look after his father without the RTPCR test report. On 4th day of her joining the OP 2was suffering from high fever and she was asked by the complainant about her health condition and the complainant requested her to return back to her house. The OP 2 informed the complainant that she is absolutely fine and this kind of fever is regular feature.
Thereafter the complainant asked the OP 2 to undergo RTPCR test, but the OP 2 declined with such proposal. Having no other alternative and out of mental agony the complainant returned her to the residential place of the OP 2.
Suddenly the father of the complainant was started to suffer with mild fever within two days from the date of departure of the OP 2. After Covid report it was detected that the father of the complainant was suffering from Covid Positive and ultimately he was hospitalized. Considering the health condition and age of his father the complainant did not take any risk of keeping his father at home. Due to attack of Covid 19 of his father the complainant and all other family members had to undergo RTPCR test. After test report the wife and son of the complainant were detected as Covid positive and they also took admission at the hospital. The wife and son of the complainant were at Apollo Hospital for 15 days under treatment. The father of the complainant is still fighting the battle of life. For such treatment the complainant had to incur expenditure to the tune of Rs. 10,00,000/- till the date of filing of this complaint. The complainant asked the OP 1 to send the Covid Report of the OP 2 after hospitalization of his father. The OP 1 sent a link to the complainant requesting to download the Covid Report of the OP 2. Surprisingly the complainant found that the link which was forwarded by the OP 1 was not the actual link which contained the Covid Report of the OP 2.
It is submitted by the complainant that in spite of requests made by him the OP 1 did not hand over the Covid Report of the OP 2 prior to her appointment, rather the OP 1 refused to provide the RTPCR Test Report of the OP 2. Under this present pandemic situation the Covid Test Report is mandatory and necessary as per the notification published by different statutory bodies as well as the Government of West Bengal.
The Government of West Bengal directed before any kind of appointment to be made. Violation of any such guidelines as published by such authorities is an Act of Violation and as such penal action can be initiated against anyone for violation of such guidelines. It is available from the action of the OP 1 they have followed the guidelines and for this reason penal action can be initiated against the OPs. It is further submitted by the complainant that due to non adherence to the guidelines during the pandemic situation the complainant was not suffering only for huge financial loss, but also from mental distress and agony. The complainant had to suffer financial distress for Rs. 10,00,000/- due to inaction of the OP 1. Due to such deficiency in service as well as unfair trade practice on behalf of the OP 1 the complainant has approached before this Ld. Commission by filing this complaint having no other alternative prayer for direction upon the OP 1 to pay compensation to the tune of Rs. 50,00,000/- to the complainant for harassment and mental agony on account of willful and deliberate negligence on the part of the OP 1, to pay the hospital bill for Rs. 10,00,000/-, litigation cost of Rs. 10,00,000/- to him.
We have carefully perused the petition of complaint and other related documents. At the very outset we are of the view that this complaint is initiated by the complainant alleging deficiency in service as well as unfair trade practice which is completely based on surmise and conjecture on the ground that it was the duty of the complainant to procure Covid 19 negative report/negative RTPCR test report prior to giving appointment to an Aaya at his house to look after his ailing father. There is not document within the four corners of this complaint fromwhere it is evident that the complainant prior to her appointment directed the OPs for providing him the negative report of Covid 19 of the OP 2. Admittedly after affected by fever of the Aaya within very few days the father of the complainant and other family members were also effected by Covid 19 and accordingly admitted to the hospital. But from this scenario it is very difficult to draw conclusion that from the said Aaya/OP 2 the father of the complainant and other family members were effected by Covid 19. The complainant without filing any cogent document to that effect as unnecessarily filed this complaint against the OPs, praying for direction for giving him compensation and medical expenditure as incurred by him in the hospital by the treatment of his father and other family members.
Giving by the foregoing discussion hence it is ordered that the Consumer Complaint being no. 318/2021 is hereby dismissed without being admitted.
However, the complainant is at liberty to approach before the Appropriate Court for redressal of his grievance.
As the complainant is not admitted the complainant is also at liberty to get return the copy of the complaint and copy of the related documents from the office of this Ld. Commission. To this effect the complainant shall file a separate application before the appropriate authority of this Ld. Commission. The appropriate authority of this Ld. Commission is hereby directed to take appropriate step, so that the complainant can get return the above mentioned without any further delay.
Let the plain copy of this order be given to the parties free of cost as per CPR.
Dictated and corrected by
[HON'BLE MRS. Silpi Majumder]
MEMBER
