Tamil Nadu

North Chennai

31/2014

V.Chandrasekaran,C7/2,Kalanjiyam - Complainant(s)

Versus

The Manager,Arthi scans Pvt Ltd, - Opp.Party(s)

M/s.T.R.Ravi

25 Jan 2017

ORDER

 

                                                            Complaint presented on:  20.02.2014

                                                                Order pronounced on:  10.02.2017

 

DISTRICT CONSUMER DISPUTES REDRESSAL FORUM, CHENNAI (NORTH)

    2^nd Floor, Frazer Bridge Road, V.O.C.Nagar, Park Town, Chennai-3

 

PRESENT: THIRU.K.JAYABALAN, B.Sc., B.L.,        PRESIDENT

                    TMT.T.KALAIYARASI, B.A.B.L.,           MEMBER II

 

FRIDAY THE 10^th   DAY OF FEBRUARY 2017

 

C.C.NO.31/2014

 

 

Mr.V.Chandrasekaran,

S/o Vaithilingam aged about 59 years,

C 7/2, Kalanjiyam,

Sriram Nagar 2^nd Street,

Perambur,

Chennai – 600 039.

                                                                                    ….. Complainant

 

..Vs..

 

1.  The Manager,

Aarthi Scans Pvt. Ltd.,

49/50, Paper Mills Road,

Chennai – 600 011.

 

2. The Managing Director,

Aarthi Diagonistics,

116/1-5 “S” Block -6^th Main Road,

Anna Nagar,

Chennai – 600 040.

 

.....Opposite Parties

Date of complaint                                 : 21.02.2014

Counsel for Complainant                      : M/s T.R.Ravi

Counsel for 1st Opposite Party                :  Ex – parte

 

Counsel for 2nd Opposite Party          : Mr.B.Sundar  

 

 

O R D E R

 

BY PRESIDENT THIRU. K.JAYABALAN B.Sc., B.L.,

          This complaint is filed by the complainant to refund a sum of Rs.2,250/- collected towards Master Health Checkup  and also compensation for mental agony with cost  u/s 12 of the Consumer Protection Act.1986.

1.THE COMPLAINT IN BRIEF:

          The Complainant is a heart patient who has undergone PTCA during 2008 i.e stunt implanted and as prescribed by his Dr.Ziaullah Khan to have a scan, he went to the 1^st Opposite Party to undergo a master health checkup. The Complainant also felt that Aarthi Scans at Perambur shall be convenient since he is residing nearby. The 2^nd Opposite Party is the controlling authority of the 1^st Opposite Party. On 29.05.2013 the Complainant reported to the 1^st Opposite Party by 7 AM for Master Health Checkup, and 1st Opposite Party  have received a sum of Rs.2,250/- for Master Health Checkup Gold scheme and gave a receipt. The Opposite Parties organizational personnel did not give proper instructions, directions to the Complainant and when Complainant enquired, the Complainant was shabbily treated by the staff of the Opposite Parties, not at all respected by the Opposite Parties, the behavior of opposites staff was arrogant in nature resulting in shameful and uncomfortable situation faced by the Complainant. The personnel of the 1^st Opposite Party do not know how to handle ECG and BP instrument/apparatus, i.e. the technical personnel were struggling with the apparatus. The personnel of 1^st Opposite Party do not give instructions how to get prepared before being scanned. Further the Complainant states that he was made to wait for several hours before instructed to consume water before ultrasound scan being taken, there by wasting about six hours. During ECG and BP test when Complainant turn was called, one staff of 1^st Opposite Party instructed him to enter the ECG room but another staff of 1^st Opposite Party instructed harshly to stand by other side as if Complainant has committed a blunder. First Opposite Party did not do the entire test mentioned under Master Health Checkup gold, physical checkup/examination also not done and gave test results and opinions. In ECG report Complainant’s BP is written as “BP 190/110”. If this is to be true then the Complainant’s heart would have been busted out. The Complainant sent e-mail to the 1^st Opposite Party on 30.05.2013 and also sent on letter through RPAD on 24.06.2013 and 07.08.2013 and both the letters received by the 1^st Opposite Party. The 1^st Opposite Party never replied for the above letters. The Complainant also sent another letter to the 2^nd Opposite Party that was returned unclaimed. Hence, the Complainant filed this Complaint claiming compensation and refund fee paid by him for the deficiency committed by the Opposite Parties with costs.

          2. The 1^st Opposite Party filed written version along with the 2^nd Opposite Party. However the 1^st Opposite Party did not file proof affidavit of evidence and hence he was set ex-parte.

 

 

3. WRITTEN VERSION OF THE  OPPOSITE PARTY IN BRIEF:

          The Complaint is not maintainable since the 2^nd Opposite Party has not rendered any services or directly collected any fees and charges from the Complainant even according to him. Though it is true that the 1^st Opposite Party provided scan and other related services at their facility in perambur, the Complainant never revealed anywhere in his initial request form for the scan about his previous medical history such as having a cardiac condition and having a stent incorporated into his blood vessels. It is pertinent to note here that the Complainant himself has revealed in the first instance itself that first of all he has come to a medical facility of the first Opposite Party not for a general health ‘MASTER’ check up but he is already suffering from a previous medical condition which he has clearly not reveled to the Opposite Party. If really the 1^st Opposite Party treated their patients so badly in today’s competitive environment they would have closed shop long ago instead of functioning for the past several years at their present location.  It is totally false to state that the personnel of the first Opposite Party are not competent to handle the ECG or other scan equipment and they are giving wrong instructions to the Complainant. If the Complainant felt that the tests centre was crowded, he could have very well gone to some unknown scan institution where there would be no crowd and where he could have his tests done immediately. The allegation that in his ECG report the BP is shown as 190/110, which if it were true then the Complainant’s heart would have  burst out is totally false and the Complainant’s  claims of suffering mental agony have been merely cooked up to win the sympathy of this Hon’ble forum and are not realistic to say the least. The normal BP of a healthy person is 120/80, whereas in a cardiac patient such as the Complainant  could be anywhere between 180 to 190 on the higher side and 100 to 120 on the lower side, But to say his heart will burst at 190/110 is mere wild imagination of the Complainant. The mere fact that one is so busy attending to their patients that they do not reply to vexatious complaints cannot be called deficiency in service of the 1^st Opposite Party. There is no allegation anywhere in the Complaint that the reports of the 1^st Opposite Party are wrong or the Complainant suffered some medical condition because of the wrong reporting or some disease etc., in such circumstances how can the Complainant say that he suffered with severe mental agony. Therefore the present Complaint is clearly a vexatious and cooked up one to satisfy the greed of the Complainant of not only getting the tests done by the 1^st opposite party, but to actually get the fees refunded and compensation as well. Hence the Opposite Parties have not committed any deficiency in service and they pray to dismiss the Complaint with cost.

4. POINTS FOR CONSIDERATION:

          1. Whether there is deficiency in service on the part of the opposite parties?

          2. Whether the complainant is entitled to any relief? If so to what extent?

5. POINT NO :1

          The admitted  facts of both the parties are that the Complainant doctor prescribed to have a scan and also to undergo Master Health Checkup and hence the Complainant  went to the 1^st Opposite Party to undergo checkup on 29.05.2013 and he paid a sum of Rs.2,250/- to the 1^st Opposite Party under Ex.A1 receipt to have checkup in the scheme of Master Health Checkup gold and Ex.A2 is brochure issued by the Opposite Parties containing various schemes of health checkup and in the said brochure, the above said gold scheme also available and the Complainant went to the 1^st Opposite Party to undergo various checkup in respect of the scheme on the day and  Ex.A3 is the ECG report furnished by the 1^st Opposite Party to the Complainant and the 2^nd Opposite Party is the controlling authority of the 1^st Opposite Party.  

          6. According to the Complainant the 1^st Opposite Party though collected the amount under Ex.A1, to conduct  Master Health Checkup in Gold scheme,  he did not conduct all the tests mentioned in the brochure issued to him and however he had conducted only the test ECG and to undergo scan test he was not properly guided by the staff of the 1^st Opposite Party and the staffs also behaved in a unruly manner and though the entire amount received failure to conduct  all the test and to furnish report on the part of the 1^st Opposite Party is deficiency on his part and the 2^nd Opposite Party who is the controlling authority for the 1^st Opposite Party, he is also liable for the act committed by the 1^st Opposite Party and therefore both of them committed deficiency in service.

          7. The 2^nd Opposite Party argued that what was recommended by the doctor they have conducted the test and furnished the ECG report and other reports and further the 2^nd Opposite Party is not a party for conducting test to the Complainant and also not received amount mentioned in Ex.A1 and therefore the 2^nd Opposite Party has not committed any deficiency in service and prays to dismiss the Complaint in respect of this Opposite Party.

          8. It is not in dispute that the Complainant paid amount under Ex.A1 to undergo Master Health Checkup Gold on 29.05.2013. In Ex.A2 brochure issued by the Opposite Parties to the Complainant contains various schemes of Master Health Checkup. Under the scheme of Master Health Checkup Gold the following test have to be carried out.

 

 

GOLD Rs.2000/-

RENAL PROFILE

(Urea, Creatinine, Uric Acid)

Blood Grouping and Typing

Urine Analysis

Stool Analysis

Digital X-Ray Chest

Computerized ECG

Ultrasound Abdomen & Pelvis

Complete Physical Examination

 

In the above mentioned test only ECG report alone has been furnished to the Complainant.  The other tests were not carried out to the Complainant as per the gold scheme. In the written version filed by both the Opposite Parties and evidence filed by the 1^st Opposite Party nowhere pleaded that they have conducted all the tests as per the gold scheme and furnished report to the Complainant.  Having the 1^st Opposite Party collected the amount fixed by him to conduct Master Health Checkup Gold and failure to conduct all the tests as per their brochure; it is fault on the part of the Opposite Parties to render service, inspite of that they had received the amount fixed by them for the tests. The 2^nd Opposite Party is the controlling authority of the 1^st Opposite Party and hence for the act committed by the 1^st Opposite Party, the 2^nd Opposite Party is also liable. Therefore, the Opposite Parties having received the amount from the Complainant and failed to render service by way of Master Health Checkup Gold, the Opposite Parties 1 & 2 have committed deficiency in service.

09. POINT NO:2

          The 1^st Opposite Party though received a sum of Rs.2,250/- he has furnished only ECG report and not conducted any other tests and failure to conduct tests the Complainant suffered with mental agony is accepted. Therefore, for failure to conduct tests and to furnish report, the Complainant is entitled for refund of sum of Rs.2,250/- from the Opposite Parties and apart from that it would be appropriate to order a sum of Rs.10,000/- towards compensation for mental agony, besides a sum of Rs.5,000/- towards litigation expenses.

          In the result the complaint is partly allowed. The opposite parties 1 & 2 jointly or severally are ordered to refund a sum of Rs.2,250/- (Rupees two thousand two hundred and fifty only)  to the Complainant towards the amount collected from  him and also to pay a sum of Rs.10,000/-(Rupees ten thousand only) towards compensation for mental agony besides a sum of Rs.5,000/-(Rupees five thousand only) towards litigation expenses.

The above amount shall be paid to the complainant within 6 weeks from the date of receipt of the copy of this order failing which the above said amount shall carry 9% interest till the date of payment.

          Dictated to the Steno-Typist transcribed and typed by her corrected and pronounced by us on this 10^th day of February 2017.

 

MEMBER – II                                                               PRESIDENT

LIST OF DOCUMENTS FILED BY THE COMPLAINANT:

Ex.A1 dated 29.05.2013                   Receipt of 1^st Opposite Party for receiving cash

Ex.A2 dated NIL                     Opposite Parties’ Pamphlet

Ex.A3 dated 29.05.2013                   ECG Report given by first Opposite Party to the

                                                Complainant

 

Ex.A4 dated 30.05.2013                   E-mail sent by Complainant to 1^st Opposite Party

Ex.A5 dated 24.06.2013                   Letter sent by Complainant to 1^st Opposite Party

Ex.A6 dated 24.06.2013                   Postal receipt

Ex.A7 dated 25.06.2013                   Acknowledgement

Ex.A8 dated 07.08.2013                   Second letter of Complainant to 1^st Opposite Party

Ex.A9 dated 07.08.2013                   Postal receipt

Ex.A10 dated 08.08.2013                 Acknowledgement

Ex.A11 dated 07.08.2013                 Letter sent by Complainant  to 2^nd Opposite Party

Ex.A12 dated 07.08.2013                 Postal receipt

Ex.A13 dated NIL                             Postal cover returned “unclaimed”.

Ex.A14 dated 17.10.2013                 Legal Notice by Complainant to 1^st Opposite Party

Ex.A15 dated 17.10.2013                 Postal Receipt

Ex.A16 dated 18.10.2013                 Acknowledgement

Ex.A17 dated 17.10.2013                 Legal Notice by Complainant to 2^nd Opposite Party

Ex.A18 dated 17.10.2013                 Postal receipt

Ex.A19 dated 18.10.2013                 Acknowledgement 

LIST OF DOCUMENT FILED BY THE 2^nd OPPOSITE PARTY :

 

Ex.B1 dated NIL                     Internet extract and explanation on Blood pressure

                                                from Cleveland Medical clinic in USA

 

 

 

MEMBER – II                                                               PRESIDENT