BEFORE THE DISTRICT CONSUMER DISPUTES REDRESSAL FORUM
CACHAR :: SILCHAR
Con. Case No. 17 of 2016
Rahim Uddin Barbhuiya,
S/o Lt. Kurman Ali Barbhuiya of Tupkhana Part-I
P.O- Arunachal, P.S- Silchar, Dist. Cachar, ……………………. Complainant
-V/S-
1. The In-Charge, Dr. Lal Path Labs,
L-18,LPL,Silchar, 1st Floor, Sree Ram Tower,
Opp. Rangirkhari, P.S. Silchar, ……………………………………… O.P No.1
2. Dr. Vandana Lal, M.D (Path.) IFCAP
The Chief of Pathology, Dr. Lal Path Labs,
Eskay House,54 Honuman Road, New Delhi-110001,…….. O.P No.2
3. Dr. Saumendra Kumar Bhattacharjee, M.D (Path.)
The Chief of Pathology, Dr. Lal Path Labs,
L-18 LPL, Silchar, 1st Floor, Sree Ram Tower,
Opp. Rangirkhari, P.S. Silchar, ……………………………………… O.P No.3
Present: - Sri Bishnu Debnath, President,
District Consumer Forum,
Cachar, Silchar.
Sri Kamal Kumar Sarda, Member,
District Consumer Forum,
Cachar, Silchar.
Appeared: - Mr. Nazir Hussain Mazumder, Advocate, for the complainant.
Mr. Titu Deb Roy, Advocate for the O.Ps.
Date of Evidence 29-03-17, 06-05-17, 08-01-18, 05-02-2018
Date of written argument 17-04-2018, 28-06-2018
Date of oral argument 09-08-2018
Date of judgment 27-08-2018
JUDGMENT AND ORDER
Sri Bishnu Debnath
- This complaint has been filed by Rahim Uddin Barbhuiya against In-Charge of Dr. Lal Path Labs and another officer for award of compensation for giving wrong Blood Report regarding Triglycerides. Subsequently, as per direction of this District Forum Dr. Saumendra Kumar Bhattacharjee, Chief of Dr. Lal Path Labs, Silchar has been impleaded as O.P No.3 for the same reliefs.
- Brief facts:-
On 28-11-2015 the complainant’s blood collected by O.P No.3 as per advice of Dr. P. C. Sarma for Lipid Profile (F) test. Subsequently, the test report collected by the complainant and produced to Dr. P.C. Sarma. But the Dr. Sarma became shocked seeing the report of Triglycerides as 1150mg/dl. Hence, without relying on that report, Dr. P.C. Sarma advised again the complainant to conduct a few other tests in other Pathological Laboratory for better clarification of the above report. Accordingly, on the same date on 28-11-2015 at about 6-00 P.M. some other tests were done at Hridayalay at Meherpur, Silchar and the test report came out as normal. Subsequently, in the following day i.e. on 29-11-2015 another blood test was done at Biomed Diagnostic Centre, Silchar and test report came out with normal range of Triglycerides on 133mg/dl.
- Hence, on being aggrieved brought the instant case for unjustified, negligent, reckless activities of the O.Ps.
- The O.Ps in their joint W/S denied the allegation but admitted that the test report dated 28-11-2015 regarding Triglycerides was 1150mg/dl. However, the O.Ps tried to justify the report was not wrong rather Triglycerides levels is not static in human body, especially in case of a heart patient and same may very on account of various factors such as diet, medicines, exercise etc.
- During hearing, the complainant submitted deposition supporting affidavit and exhibited prescription of Dr. P.C. Sarma, the report of Dr. Lal Path Labs, Silchar, the test report of Hridayalay dated 28-11-2015, lipid profile test of dated 29-11-2015 done at Biomed Diagnostic Centre, Silchar and other relevant documents. The complainant also submitted deposition of his son Parul Islam Barbhuiya as P.W-2. The O.Ps also submitted deposition of Sri Anuj Bakshi as D.W and exhibited some documents. After closing evidence, both sides’ counsels submitted written arguments.
- I have heart the Ld. Advocate of the O.Ps but none has argued orally on behalf of the complainant. Of course, I have perused the written argument of both sides; counsels and the evidence on record.
- In this case in view of evidence on record including Ext-2 and Ext-4, it is clear that on 28-11-2015 the Triglycerides level of the complainant was 1150mg/dl. as per the report of the O.P No.3 and on the following day i.e. on 29-11-2015 the Triglycerides level come down to 133mg/dl. as per report of Biomed Diagnostic Centre. The level of Triglycerides 1150mg/dl. is very high and level of Triglycerides 133mg/dl. is normal.
- The complainant deposed that due to report regarding very high level of Triglycerides as show in Ext-2, he was advised to conduct other tests. Accordingly other tests were done vide Ext-3 and on the following day i.e. on 29-11-2015 blood test for lipid profile was done in Biomed Diagnostic Centre vide Ext-4. But Ext-1 prescription of Dr. P.C. Sarma is silent about recording the level of Triglycerides in the Ext-1 prescription and further advice for other tests or another test of Triglycerides. It is also not disclosed from Ext-1 prescription that Dr. P.C. Sarma was shocked seeing the Triglycerides level as 1150mg/dl.
- Anyhow, it is admitted fact that as per report of O.P No.3 Triglycerides was 1150mg/dl. on 28-11-2015 and on the following day the level came done as 133mg/dl. as per report of another Pathologist. Why the level of Triglycerides came down suddenly within a span of a period of 24 hours is not convincingly understandable from the explanation of the O.Ps.
- That is why, applying our prudent mind we are of view that the Ext-1 report is not reliable rather the report prepared very negligently. As such we have found disservice of the O.P No.3 toward test of blood simple of the complainant collected on 28-11-2015 for Triglycerides. So, the Dr. Lal Path Labs as well as O.P No.3 are both jointly and severally liable to pay compensation for disservice and also liable to pay compensation for mental agony to the complainant. O.P No.3 is liable because he has wrongly reported the abnormal level of Triglycerides as on 28-11-2015.
- Therefore, considering all the aspect and evidence from the record, we are of opinion that Rs.25,000.00 (Rupees Twenty Five Thousand) only is a justified amount of compensation for both disservice and mental agony. Thus, the O.P No.1 and 3 are directed to make payment of the aforesaid amount of compensation of Rs.25,000.00 (Rupees Twenty Five Thousand) only and cost of the proceeding of Rs.5,000.00 (Rupees Five Thousand) only within 45 days from today. In default, interest at the rate of 10% per annum to be added on the awarded amount with effect from the date of defaulter till realization of the full.
- With the above reliefs, the case is disposed of on contest. Supply free certified copy of judgment to the parties. Given under my hand and seal of this District Forum on this the 27th day of August, 2018.
