Hon'ble Mrs. Rumpa Mandal, Member.
The fact of the case filed by the Complainant in a nutshell is that the Complainant Priya Das Sarkar delivered blood to the OP Astha Diagnostic(O.P. No.1) for testing blood group vide Id No. Astha/20/10/J-1306/34 paid a sum of Rs.50/- for her blood test to the OP. After testing the said blood the OP mentioned the blood group of the Complainant as O+ (positive). Due to some confusion the Complainant again conducted her blood test in Nath Clinical Laboratory and S.B. Laboratory at Cooch Behar on 05.11.20. In both the lab the blood group of the Complainant was ascertained as A-(Negative). The Complainant immediately disclosed the said facts to the OP which they did not admit. Instead the OP threatened the Complainant with dire consequences. Thereafter the Complainant sent a legal notice to the OP on 04.01.21 to which they replied by admitting their fault as medical negligence. So the cause of action arose on 14.10.20, 05.11.20 and on other dates which is still continuing. The Complainant therefore prayed for an award for Rs.2,00,150/-(Two Lakh one Hundred fifty only). The OP contested the case by filing written version by denying some of the allegations but admitted the major fact. The positive defence case in brief is that the O.P. No.1 is a patho Lab having unblemished reputation of business. It is fact that the Complainant conducted blood test from the lab of the O.P. No.1. Despite using all modern technologies discrepancies may occur. Therefore O.P. No.2 Doctor keeping in mind the safety of the patient mentioned in his report. During preparation the computer operator typed the report as blood group O+ which is purely a human error. There was no fault in the test performed by the O.P. No.2 Doctor. So also the Complainant did not suffer in any manner what so ever for the same. The allegations are not true and imaginary. The O.P. No.1 claimed that the case is liable to be dismissed with cost.
The O.P. No.2 also denied the said allegation in his written version. The positive case of O.P. No.2 is quite same as that of the O.P. No.1. The additional facts stated by the O.P. No.2 in brief is that O.P. No.2 Doctor Santanu Pathak is a consultant pathologist having master degree in that field with wide experience. This is absolutely a screening test and cross matching is the confirmatory test before blood transfusion. So the question of loss of life does not arise.
The O.P. No.2 claimed that the case is liable to be dismissed.
The pleadings of both the parties led this Commission to ascertain the following points.
Points for determination
- Whether the present case is maintainable in law and in fact?
- Whether the Complainant is entitled to get the relief as prayed for?
- To what other relief if any the Complainant is entitled to get?
Decision with reasons
Point No.1.
It is the admitted fact that the Complainant obtained blood test report from the O.P. No.1 lab by the payment of sum of Rs.50/- which the OP has not denied. The relation between the Complainant and the OP is consumer and service provider. It is clear from the averment of the pleadings of the OP that the said report was defective. Thus the pleadings of the parties and the evidence on record clearly establish that the case is legally maintainable in its present form and prayer.
The Point No.1 is accordingly decided in favour of the Complainant.
Point Nos. 2 & 3.
The Complainant in order to establish the case proved some document during evidence which are not denied by the OP. Annexure-A is blood test report conducted by O.P. No.1 & 2. As per the said Annexure-A the blood group of the Complainant Priya Das Sarkar is O+ (Positive). But as per blood test report of Nath Clinical Laboratory dated 05.11.20 and blood test report of S.B. Laboratory of Cooch Behar dated 05.11.20 the blood group of the Complainant is A-(Negative).
The Complainant being aggrieved by the said blood group report of O.P. No.1 & 2 sent a legal notice on 04.01.21 to the OP through her Advocate which the O.Ps received and the O.P. No.1 replied to the same on 13.01.21 wherein the O.P. No.1 clearly admitted the said allegation of the Complainant. The O.P. No.1 in her reply to the legal notice stated inter alia that “ at the time of preparing the report manually due to human error the blood group was typed O+ (Positive) by the computer operator. The subsequent inconvenience suffered by your client is due to a human error on the part of an employee of my client”.
The O.P. No.1 also admitted in the said legal notice inter alia that” as inconvenience is caused to your client, my client is ready and willing to offer your client a discount to the tune of Rs.2,000/- on the next pathological test”.
It is the settled position of law that admitted fact need not be proved.
Thus the Evidence Act clearly reminds us that the case could have been awarded just merely on the basis of the admission by the OP. However, as an additional measure, the Complainant proved the case with cogent and succinct evidence.
It is no defence that the said incident did not cause any harm to the Complainant. In fact a wrong diagnostic report may cause huge irreparable loss to a patient for a wrong and defective report as in the instant case. Thus, the aforesaid misdeeds on the part of the OP has caused deficiency in service and mental pain and agony. The Complainant should therefore be compensated with money.
Point Nos. 2 & 3 are these decided in favour of the Complainant.
In the result the Complaint case succeeds.
Hence, it is
Ordered
That the complaint case No. CC/8/2021 be and the same is allowed on contest with cost of Rs.10,000/-.
The Complainant do get an award for Rs.30,000/- towards deficiency in service and mental pain and agony.
The O.P. No.1 is directed to pay Rs.40,000/- (Rupees Forty thousand only) to the Complainant within 30 days from the date of the Final Order failing which the O.P. No.1 shall be liable to pay interest @ 6% per annum from the date of passing order till the realisation.
Let a plain copy of this Order be supplied to the concerned party by hand/by Registered Post with A/D forthwith, free of cost, for information & necessary action as per rule.
The copy of the Final Order be also available in the official website: www.confonet.nic.in.
Dictated and corrected by me.
