BEFORE THE DISTRICT CONSUMER DISPUTES
REDRESSAL COMMISSION, JALANDHAR.
Complaint No.86 of 2022
Date of Instt. 21.03.2022
Date of Decision: 25.07.2024
1. Sohan Lal aged about 76 years S/o Sh. Charan Dass.
2. Devi Samitree aged about 75 years W/o Sh. Sohan Lal,
Both R/o 19 High Park Cresent, Sedley Dudley D Y 31. R. W. U.K. presently residing at H. No.600, Urban Estate, Phase-II, Jalandhar.
..........Complainants
Versus
1. Sh. Balwinder Singh, Field Officer, Oncquest Laboratories Ltd., Nova Hospital Building, BMC Chowk, Jalandhar.
2. Dr. Vinay Bhatia Ph.D. Consultant-Molecular Biology for Oncquest Laboratories Ltd. Nova Hospital Building, BMC Chowk, Jalandhar.
3. M/s Oncquest Laboratories Ltd. through the Managing Partner 82/1-A, Africa Avenue Road, Safdarjang Enclave, New Delhi- 110029 and also
A National Reference Laboratory M/s Oncquest Laboratories Ltd. A-17 Infocity, Sector-34, Gurugram, Haryana-122001.
….….. Opposite Parties
Complaint Under the Consumer Protection Act.
Before: Dr. Harveen Bhardwaj (President)
Smt. Jyotsna (Member)
Sh. Jaswant Singh Dhillon (Member)
Present: Sh. M. S. Phillauria, Adv. Counsel for Complainants.
OPs No.1 and 2 exparte.
Sh. Aayush Sai, Adv. Counsel for OP No.3.
Order
Dr. Harveen Bhardwaj (President)
1. The instant complaint has been filed by the complainants, wherein it is alleged that the complainants are NRIs residing at U. K. and presently residing at Jalandhar. The complainants are visiting India frequently being their native place. They came to India on 23rd February, 2021 to attend their domestic urgencies. They were to go back to U. K., but were held up due to Covid-19 and finally they were to fly back on 01.07.2021 and booked their tickets accordingly. Due to the Covid-19 in India and also in the entire World, it was a prerequisite of Covid-19 negative report-related tests, for the visitors coming to India and going back by Air in the flights. The complainants were approached by OP No.1 at the residence of Sh. Manohar Lal R/o H.No. 421, Urban Estate, Phase-II, Jalandhar, who is the close family friend of the complainants for helping them to fulfill the conditions of the Covid-19 test from M/S Oncquest Laboratories Ltd. OP No.3 and their representatives OPs No.1 and 2. The OP No.1 is the Field Officer of OP No.3 and their branch situated in BMC Chowk, Jalandhar, where the OP No.2 is the Incharge. As per the assurance of OPs No.1 and 2, OP No.3 i.e. Laboratories are duly approved by the Govt. of India and also by International Agencies/Govt./Air Travelling Authorities. The OP No.1 further introduced and assured that the tests will be conducted in the Shri Sai Clinic & Clinical Laboratories which is a sub unit of OP No.3 i.e. M/S Oncquest Labortaries Ltd., New Delhi/Gurugram. The complainants believed the OP No.1 and gave the samples on 29.06.2021 and also paid Rs.1400/- (Rs.700/- each) for testing charges for Covid-19 from the OP No.3 i.e. Oncquest Laboratories Ltd., New Delhi and they have issued the certificate signed by OP No.2 and hand over by the OP No.1. Copy of the certificate issued by Oncquest Laboratory Ltd. Ref. No.0303401307458 to the complainant No.1 i.e. Sh. Sohan Lal. The result found negative and copy of the certificate issued by Oncquest Laboratory Ltd. Ref. No.0303401307457 to the complainant No.2 i.e. Devi Samitree. The result found negative. The complainants were given the testing report on 30.06.2021 duly signed by the OP No.2. The report was negative and the complainants were apprised that the necessary report has also been forwarded to the Airport Authorities, New Delhi and the same will automatically reached the authority concerned as and when scanned. The flight of the complainants was to start at 22:50 on 1 July 2021 which was to arrive at London on 2nd July 2021 at 02:40. The complainants arrived at the Amritsar Airport at about 8:00 PM on 1 July 2021 and reported two hours earlier to the Airport Authorities for check up and for other formalities. The complainants were enquired about the Covid-19 test reports dated 30.06.2021 given by the OPs No.1 and 2. The concerned authorities tried to scan the report for verification through Online system, but there was no response as the report was not mailed to the Airport Authorities by the OPs No.1 and 2. The report which was given to the complainants was shown to the authorities but was found to be a fake one. The immigration Authorities immediately rejected the flight of the complainants with the remarks Off Loaded Passenger Receipt. The entire expenses of the air tickets amounting to 1350 Ponds, in Indian currency the values is Rs.1,35,000/- (approximately as the payment was made in sterling currency). Since the flight was cancelled and the entire cost of air tickets gone waste and there was a net financial loss due to the deficiency and negligent services on the part of OPs No.1 to 3 which also caused harassment, inconvenience and insulting situation to the complainants who are otherwise of old aged senior citizens. There was no alternative, for the complainants except to come back to Jalandhar by hiring a Taxi, in a very awkward situation with lot of mental tension, harassment with the heavy dose of insult and mental -agony as well as physical harassment to both the complainants at the Airport due to the fault of OPs No.1 to 3 due to negligence and deficiency in the services on their part. After reaching Jalandhar both the complainants fell sick for hypertension and have to rush for the medical treatment due to mental harassment and mental torture on the part of the respondents and as such, necessity arose to file the present complaint with the prayer that the complaint of the complainant may be accepted and OPs be directed to pay the claim amount of Rs.9,93,112/- alongwith upto dated interest to the tune of 18% per annum from 01.07.2021 till its actual realization to the complainants. Further, OPs be directed to pay a compensation of Rs.1,00,000/- for causing mental tension and harassment to the complainant and Rs.30,000/- as litigation expenses.
2. Notice of the complaint was sent to the OPs, but the OPs No.1 and 2 refused to take the notice and ultimately, the OPs No.1 and 2 were proceeded against exparte, whereas OP No.3 appeared through its counsel and filed written reply and contested the complaint by taking preliminary objections that the complaint is false, vague and baseless and is liable to be dismissed. It is further averred that the complainants are trying to mislead this Commission by suppressing the facts by trying to create the false and baseless excuse that the defendant company had prepared a forged and fake Covid-19 RTPCR test report. It is further averred that the defendant company uses state of the art technology for generating the COVID-19 reports and the digital reports, once generated, cannot be changed or manipulated. It is further averred that the defendant company stores the reports and the relevant data on the online repository and the customer can request the required reports from the online repository anytime. It is further averred that in the present case, the genuine COVID-19 reports were shared to the complainants. There is no iota of doubt on the authenticity of these reports. It is further averred that the complainant has not come with clean hands before this Commission and has suppressed the actual and material facts from this Commission. It is further averred that the complainant with dishonest and malafide intention filed this false and frivolous complaint only to extract illegal amount from the defendants. Hence, the present complaint filed by the complainants being false and fabricated deserves to be dismissed. It is further averred that the complainant intentionally marked the defendant no.3 with wrong credentials so that the legal notice would never be reached or accepted by the defendant no.3 addressing the Managing Partner of the company which does not exist. The credentials of the defendant company are available on the internet and its website wherein it clearly mentions it to be a "Limited Company". Hence the complainants have not approached this Commission with clean hands and this complaint being false and fabricated deserves dismissal with costs. On merits, it is admitted that the complainants are NRIs being British citizens and they presently residing at Urban Estate, Jalandhar. It is also admitted that the complainants came to India on 23.02.2021 and were returned to U. K. on 01.07.2021 and the tickets were booked, but the other allegations as made in the complaint are categorically denied and lastly submitted that the complaint of the complainant is without merits, the same may be dismissed.
3. Rejoinder to the written statement filed by the complainant, whereby reasserted the entire facts as narrated in the complaint and denied the allegations raised in the written statement.
4. In order to prove their respective versions, both the parties have produced on the file their respective evidence.
5. We have heard the learned counsel for the respective parties and have also gone through the case file as well as written arguments submitted by counsel for both the parties very minutely.
6. The complainants have alleged that they are NRIs being British citizens, but are presently residing at Urban Estate, Jalandhar. They have proved on record the copies of their passports Ex.C-1 and Ex.C-2. It has been alleged by the complainants that they came to India on 23.02.2021 and they were to return to U. K. on 01.07.2021. Accordingly, the tickets were booked which have been proved as Ex.C3 and Ex.C4. As per the guidelines of the Govt., due to Covid-19 there was a pre-requisite of Covid-19 negative report related tests for the visitors coming to India and going back by Air in the flights. The OP No.1 was their close family friend and at his instance, they gave samples on 29.06.2021 for testing charges for Covid-19 for Rs.700/- each. Certificate to this effect was issued by the OP No.2. The complainant has proved on record the report Ex.C-5 as per which the results were found negative. The grudge of the complainant is that on 01.07.2021 when they arrived at Amritsar Airport at about 08:00pm and during the enquiry they produced the Covid-19 test reports dated 30.06.2021, which were found fake, as they could not be scanned. The complainants were not allowed to board the flight with the remarks ‘Off Loaded Passenger Receipt’. The Airport Authorities mentioned that the QR Code is not readable on RTPCR. The reports have been proved as Ex.C-7 and Ex.C-8. The complainants have alleged that the reports given by the OP No.3 are wrong and fake. OP No.3 promised to mail the reports to the airport authorities, but since the reports were not mailed, therefore, they could not display at the time of the scanning. When the complainant tried to approach the OP No.3, they did not pick the call nor did they attend the calls of the complainant, therefore, there is deficiency in service by the OPs.
7. The OP has alleged that there is no deficiency as the reports are genuine and the same were issued to the complainants as per the prevailing guidelines. It has been alleged by the OP that the reports are genuine as even today the same are alive. When the OP argued the case, he scanned the QR Code in the Court which was alive. He has alleged that no assurance was ever given by the OP to mail the reports to the airport authorities as there was no such guidelines.
8. Perusal of Ex.C-3 and Ex.C-4 show that the complainant got booked their tickets for 01.07.2021. The reports have been proved as Ex.C-5 and Ex.C-6 bearing the QR Code number. Certificates have been issued by the OP. Perusal of Ex.C-7 show that the complainants were refused to board the flight on the ground that off load due to QR Code not readable on RTPCR. During the course of arguments, the counsel for the OP showed the display after scanning the QR Code in the Commission. Though, the complainant has moved complaints to the Police Commissioner, Jalandhar, but no report has been filed to the effect, if any action was taken by the Police Commissioner, Jalandhar or any investigation was made by the Police Commissioner, Jalandhar on the complaints moved by the complainants. However, after scanning the QR code by the counsel for the OPs, the Commission also got the same scanned from the Data Operator of the Commission in the Commission. The photocopies of the negative reports were placed on the record and the original reports were with the complainant’s counsel. The QR Code was got scanned by the Commission in the Commission (Court) itself and the same were working and alive even on 28.06.2024. Both the reports Ex.C-5 and Ex.C-6 were alive and working, therefore, it is proved that the reports alleged to be fake are not fake. The complainant has not produced on record any document to show that the airline or the airport authorities have ever told them or informed the complainants that the reports are fake one and they have been deceived. No guidelines have been proved to show that the OPs were to mail the reports to the airport authorities or concern airline. As per Ex.C-7, the Off Load due to QR Code not readable on RTPCR, means there was some technical error while scanning the QR Code. If the reports were forged and fake one, the same could not have been worked and displayed in the Commission on 25.06.2024 and even when the OP appeared in the Court. So, no deficiency in service has been proved on the part of the OPs and thus, the complaint of the complainant is without merits and the same is dismissed with no order of costs. Parties will bear their own costs. However, it is proved that the complainants got booked the tickets for 01.07.2022 from India to U. K. and spent Rs.1,35,000/- for two tickets and was not able to board the flight due to any technical error and the amount of unused tickets have been used by the airline. Thus, the complainant is at liberty to claim the refund, if any, he wants to claim from the concerned airline as per law. This complaint could not be decided within stipulated time frame due to rush of work.
9. Copies of the order be supplied to the parties free of cost, as per Rules. File be indexed and consigned to the record room.
Dated Jaswant Singh Dhillon Jyotsna Dr. Harveen Bhardwaj
25.07.2024 Member Member President
