MR. PRABODHA KUMAR DASH, PRESIDENT:-             

                 This is an application U/S-35 of C.P.Act, 2019. Heard the Complainant in person and Ld. Counsel for Ops perused the material available from both side with written version. The C.C.Case taken up for order following the mandate of C.P.Act,2019 for disposal.

Brief Facts:-

                 Baby’s father consulted Dr. Ashok Kumar Satapathy, MD pediatric Specialist, back side of Hotel Biswal, Badambadi Cuttack, as per his advice on 13.10.2022 the  patient-baby given blood sample to the Ops  on the vary date 13.10.22 paid consideration money Rs. 3000/- for IGA test within 7 days as per their printed receipt but the Ops did not provided within 15 days from date of received of blood sample being aggrieved by such deficiency the Complainant filed a present C.C.Case to redress by this Commission.

We framed following issues for better adjudication of case in hand:-

1. Whether the father guardian of the one year baby is a consumer?
2. Whether this Commission have jurisdiction to entertain such complaint?
3. Whether the Ops committed deficiency of service and unfair trade practice?
4. Whether the Ops liable equitably to compensate the Complainant?
5. What will be appropriate relief ?

Issue No.1

             This present C.C.Case filed by the father of a baby girl whose blood sample taken by Ops and the same analysis report not given within appropriate time. The father is a consumer U/s-5(vii) being her parent.

Issue No.2

             The complaint belong to Nankar, Po-Indalo, Ps-Kendrapara Sadar, Dist-Kendrapara have jurisdiction to file C.C.Case at this DCDRC, Kendrapara.

Issue No.3

             The Ops are service provider for which the Complainant paid Rs. 3000/- for blood test in Serial No. 3. Immunoglobin-A(IGA) test for which Rs. 3000/- received by Ops on dt. 13/10/22 on receipt No. 67499 and with other test total Rs. 3650/-. The receipt show report collect within 7 days but the staffs written manually for 8 days. The Dr. Ashok Ku. Satapathy, MD, Pediatric Specialist advice for all the test which actual cost more than the other Patho labs but the Ops taken Rs. 3000/- which was unfair trade practice by Ops. The test report collected on dt. 13/10/22 and the same sent Kolkota on 14/10/2022 to Dr. Lal Path Lab and after several approach the report not received till 15 days. The Complainant child remain without treatment for 2 weeks and suffered severe mental agony due to apprehension of danger to life.

                  The concerned Doctor OP No.2 being a Doctor could not taken  into account the urgency of the test and if the OpNo.1 has no such facilities why he collected the blood and returned the Complainant 3 times without any report within 15 days. Due to illegal, arbitrary inaction of Ops the Dr. could not diagnosed with appropriate clinical advice. The baby taken to Cuttack from Kendrapara for better test and doctors  for which expenses by rented Taxi with family and booked Hotel and spent around Rs. 10,000/- extra for treatment with  test report but the Ops did not provided the test report. The Ops are committed deficiency in service as per Sec-2(42) of C.P.Act, 2019 and unfair trade practice U/S-2(47) of the Act. The Ops acts are deficiency U/s-2(II) as they are in fault, and their services are not under taken as per terms and conditions for which consideration paid.

Issue No.4

             The Ops are committed gross misconduct, deficiency in service and unfair trade practices for defective service caused irreparable loss without proper treatment and for which both the father and mother in mental agony suffered in absence of appropriate test report which the Dr. has to prescribed appropriate treatment. The Ops not only took high value but also failed to provide test report within specified time bound manner. The Ops are liable to pay the consideration paid with appropriate interest and mental agony undergone during that period for not availed appropriate treatment to a one year baby is Rs. 50,000/- as just & proper for interest of justice of a baby of one year with prejudice caused to parents for high transport expenses and Hotel room rent at Cuttack with food and other expenses.

Issue No.5

             The Ops are liable to pay Rs. 3000/- with @18% interest from dt. 13/10/2022 with Rs. 50,000/- for mental agony already suffered and Rs. 2000/- as litigation cost which is just & proper.                      

                                                                 O R D E R

                     Taking into facts and circumstances involved prejudiced cause to Complainant from suffering of a baby it is directed to the Op shall pay Rs. 3000/- with @18% interest from dt. 03/10/2022 till its realization with Rs. 50,000/- for mental agony and Rs. 2000/- as litigation cost within 15 days from received of this order failure of which the Ops shall liable for execution of U/s-72 of C.P. Act, 2019.  The C.C.Case is allowed.                         

                      Issue extract of the order to the parties for compliance.           

               Pronounced in the open Commission, on this the 1^st day of March,2023.             

                              I, agree

                                 Sd/-                                       Sd/-

                           MEMBER                             PRESIDENT