Order by:

Smt.Priti Malhotra, President

1.           The complainant has filed the instant complaint under section 35 of the Consumer Protection Act, 2019 on the allegations that for the checkup of his nose, complainant approached Guru Gobind Singh Medical College and Hospital and after checking, the doctor concerned advised the complainant for CT Nose PNS. On the advise of the doctor, he got his CT Nose PNS conducted by paying Rs.1300/- on 14.05.2018 from the said hospital. Till the closing of OPD, the complainant waited outside CT Room for his report, but no report was given to him. The complainant time and again demanded the report, but nobody bother to the request of the complainant. Thereafter on 19.07.2018 the complainant lodged the complaint on Punjab Government complaints portal. Thereafter on 30.03.2021, the complainant received a registered post letter bearing no.M.S/G.A/(15)/2021/4677 dated 22.03.2021 from Guru Gobind Singh, Medical College, Faridkot, vide which they demanded the documents related to CT scan report. After receiving the said letter, the complainant approached to Guru Gobind Medial College and Hospital on 26.04.2021 for receiving the report in question for which the report has been made to the Superitendent in the office of Superintendent, who stamped his report and sent the same to Radio diagnosis and Imaging ward and on the same date, he met with HOD, Dr.Chotania Tapasvi, Radiologist for getting his report, who after looking the CT Scan sheet asked to get make the report and she denied to take the said sheet by saying that there are everything in their record, but after some time HOD has taken the both receipts by saying that nothing found in the record. After some time, a scan report which was appear to be temporary was given to the complainant. Due the aforesaid act and conduct of the Opposite Party, the complainant suffered mental tension and harassment. Hence this complaint. Vide instant complaint, the complainant has sought the following reliefs:-

a)       Opposite Party may be directed to refund the amount of Rs.1300/- which was deposited by complainant as government fee.

b)      Opposite Party may also be directed to pay Rs.1,50,000/- as compensation.

2.       Opposite Party appeared through counsel and filed written reply taking preliminary objections therein inter alia that complainant does not fall under the definition of Consumer as defined under Consumer Protection Act; the present complaint is not maintainable in the present form. There are many complicated questions of law and facts are involved in this case which cannot be decided in summary proceedings. The said facts and questions of law need elaborated evidence to reach at right conclusion. So, the present complaint is liable to be dismissed on this score alone only; the present complaint is hopelessly barred by time. The alleged incident of not handing over the report to the complainant by the hospital staff relates to the year, 2018. Whereas, the present complaint has been filed in the year, 2023. So, the present complaint is liable to be dismissed in limine. On merits, it is submitted that the CT Film was handed over to the complainant on the same day. But the report which takes time to prepare is to be collected by patient or his/her attendant after few days. The complainant after 14.05.2018 never visited the concerned office to collect his report. Had there been any fault on the part of the Opposite Party, then the complainant ought to have filed complaint to the higher authorities of the Opposite Party. Further alleged that the complaint, if any filed by the complainant is based on false facts, however the said complaint was forwarded to the concerned authorities of the Opposite Party only in the month of  March, 2021. All other allegations made in the complaint are denied and a prayer for dismissal of the complaint is made.

3.       In order to prove his case, the complainant tendered into evidence his affidavit Ex.C1 alongwith copies of documents Ex.C2 to Ex.C7.     

4.       To rebut the evidence of complainant, Opposite Party has placed on record affidavit of Dr.Shilekh Mittal, Medical Superintendent, GGS Medical Hospital, Faridkot Ex.OPs1.

5.       We have heard both the parties and have carefully gone through the evidence on record.

6.       The case of the complainant is that on 24.05.2018 he got his CT Nose PNS done from Guru Gobind Singh Medical College and Hospital, Faridkot, but no report of the said scan was given to the complainant. Then he made a complaint on CM Portal on 19.07.2018. Thereafter, he received a letter dated 22.03.2021 from Guru Gobind Singh Medical College and Hospital, Faridkot, vide which, he was asked to submit the documents relating to his CT Scan and to get receive his CT Scan Report and after the receipt of the said letter, he approached the Opposite Parties and thereafter get his report on 26.04.2021. Claiming the above act as deficiency in service, he has filed the present complaint.

7.       On the other hand, ld. counsel for the Opposite Party has repelled the aforesaid contentions of the complainant on the ground that the alleged incident of not handing over the report to the complainant by the hospital staff relates to the year, 2018, whereas, the present complaint has been filed in the year, 2023. So, the present complaint is liable to be dismissed in limine. On merits, it is submitted that the CT Film was handed over to the complainant on the same day. But the report which takes time to prepare is to be collected by patient or his/her attendant after few days. The complainant, after 14.05.2018 never visited the concerned office to collect his report. Further contended that had there been any fault on the part of the Opposite Parties, then the complainant ought to have filed complaint to the higher authorities of the Opposite Parties to get the immediate redressal of his grievances nor on the CM Portal, which may take a longer period to redress the grievance.

8.       The perusal of the whole record and considering the submissions addressed by the parties concerned, it is well proved on record that the complainant visited the Opposite Parties and get his Nose CT scan done on 14.05.2018. It is alleged that he was not provided with the report and as per record the complainant reported the matter on Punjab Government’s Complaint Portal and after processing of the said complaint, he received a letter dated 22.03.2021 Ex.C5 from Guru Gobind Singh Medical College and Hospital, Faridkot, whereby he was asked to submit certain documents in order to collect the report. The complainant has also admitted the fact in his complaint that he received this letter on 30.03.2021 and he collected the report on 26.04.2021. It has been observed that the complainant after receiving the report on 26.04.2021 waited for a considerable period of approximately two years and just one day before the expiry of the limitation period as provided under Consumer Protection Act, 2019, he filed the present complaint on 25.04.2023 claiming the refund of amount of CT Scan as well compensation for delayed receiving of the report.

9.       The record before us transpires that for the reasons best known to the complainant, he did not turn up to collect the report despite been receipt of the letter dated 22.03.2021 issued by Medical Superintendent, Guru Gobind Singh Medical College and Hospital, Faridkot received by him on 30.03.2021 and approached the Opposite Parties to get the report in question on 26.04.2021 only. Record before us divulges that he did not show any eagerness to collect the report and waited for all most one month short of 3 days and collected the report on 26.04.2021 as per his own sweet will and convenience. Record further reveals that even after receipt of the report in question on 26.04.2021, the complainant not bothered to get any treatment for the alleged ailment, as no record showing the same is been produced to show the bonafide. Also no record is available to show that complainant ever visited any doctor during the span of 4 years to get his alleged ailment cured. Moreover, the complainant has not placed on record any document revealing any loss caused to him as alleged. By any stretch of imagination one cannot presume that a person who is having any problem (as in the present complaint, the complainant alleged to have been suffering from Antrochoanal polyps) will wait uptil numbers of years to get the treatment. Further, the complainant has not placed on record any document revealing that he ever visited to the Opposite Parties to collect his report as alleged in the complaint and that he ever raised his grievance with the Opposite Parties or their higher authorities. He adopted the route which in itself is a time taking process and after filing the complaint at Punjab Government’s Complaint Portal, he waited for the response of the same and never showed any eagerness or made efforts to collect the report of CT Scan from the concerned department. From the perusal of the record it is evident that the complainant has already received the CT Scan report on 26.04.2021.

10.     From the discussion above, we are of the concerted opinion that the grievance of the complainant has already been redressed. No deficiency in service is being found on the part of the Opposite Parties for the reasons recorded herein above. Hence, the present complaint stands dismissed with no order as to costs. Copy of the order be supplied to the parties, free of costs. File be consigned to record room after compliance.

Announced in Open Commission