Being aggrieved by the Judgment and Order dated 07.06.2022 passed by the Ld. District Consumer Disputes Redressal Commission (District Commission) Imphal in Consumer Complaint No.1 of 2020, the Opposite Party/Respondent has preferred this appeal.

2.         It is the case of the Respondent/Complainant that the respondent’s mother underwent 4(four) laboratory tests at the Appellant/O.P’s laboratory on 14.10.2019 on payment of Rs.10,480/- only. The respondent collected the report of the above stated tests on 17.10.2019 wherein it was stated inter alia that the prostrate is normal in size and enhancement pattern. No  evidence of abnormal modular lesion is seen. Since the Appellant had forgotten the basic biological concept that no prostrate gland is present in the female body, the respondent requested the appellant for refund of the laboratory charges but with no effect.  On the other hand, the appellant pleaded that the report was wrongly printed in the male format instead of female format and a corrected copy of the report was handed to one Ranjit Sharma and the appellant tendered apology to the Respondent. Hence, the Consumer Complaint 1 of 2020 before the District Commission, Imphal. The Ld. District Commission, Imphal after proceeding the case ex-parte against the appellant passed the impugned order on 07.06.2022 thereby directing the appellant to pay Rs.60,480/- (Rupees Sixty thousand four hundred and eighty) only on different counts as compensation to the complainant within one month from the date of receipt of the order failing which interest of 9% per annum shall be charged till the full payment.

3.         Being aggrieved by the impugned order, the Appellant preferred the present Appeal stating inter alia that no issues were framed, no evidence was recorded, principles of natural justice was violated while passing the impugned order etc.

 4.        We have heard the learned counsel for both sides, perused the records and heard the arguments of the parties.

            In the proceedings of the Consumer Complaint, it is not mandatory on the part of a Consumer Commission to frame issues and to examine the witnesses, which would be subject to the averments in the pleadings of the parties with the documents enclosed thereto supported by the affidavits of parties. We don’t find any force in the contention of the appellant for alleged violation of principles of natural justice since the Ld. District Commission, Imphal proceeded the Consumer Complaint ex-parte against the appellant when the Appellant did not appear on several dates of hearing. It may be stated that as per pleadings of the parties, it is apparent that the laboratory test reports of the respondent’s old aged mother was wrongly printed in the male format thereby rendering the said reports unreliable and that the laboratory charges as paid by the respondent was not refunded when claimed for by the respondent.

5.         On considering the above facts and circumstances, we found no ground to interfere with the impugned Judgment and Order and hence the present Appeal is dismissed as devoid of merit but without any cost. The Judgment and Order passed by the Ld. District Commission is upheld accordingly with the below medicated riders.

6.         The Opposite Party has deposited a sum of Rs 30,000/- (thirty thousand) only in this appeal before this commission. Registry is directed to transfer the said amount to the District Commission with the direction to the District Commission to pay the same to the Complainant after adjusting the same with the awarded compensation after due notice to the parties.

7.          The Registry is directed to send back the case records of Complaint Case No.7 of 2023 to the District Commission, Imphal along with a copy of this order for information and doing the needful.

8.          File be consigned to the record room along with a copy of this order.