DIST. CONSUMER DISPUTES REDRESAL COMMISSION
NORTH 24 Pgs., BARASAT.
C.C. No. 177/2019
Date of Filing:- Date of Admission:- Date of Disposal:-
04.06.2019 17.06.2019 13.12.2023
Complainant/s :- | Sri Pranab Biswas, S/o. Sri Haradhan Biswas, Vill- Sahara, P.o. Iswarigacha, P.S Ashoknagar, Dist- North 24 Pgs, Pin-743222. =Vs.= |
Opposite Parties/s :- | The Sastha Suraksha Healthcare, 65/1/1, Jessore Road, Champadali, P.O. and P.S- Barasat, Dist-North 24 Parganas, Kolkata-700124. 2.Dr Malay Roy, Consultant Pahologist, The Sastha Suraksha Healthcare, 65/1/1, Jessore Road, Champadali, P.O. and P.S Barasat, Dist-North 24 Parganas, Kolkata-700124 3. Dolphin Medical Clinic,650/A/1, Ashoknagar, Chowrangee More, P.O. Ashokenagar, P.S, Ashokenagar Dist- North 24 Parganas, Pin-743222. |
P R E S E N T :- Sri Damam Prosad Biswas…….President.
:- Sri. Abhijit Basu………………. Member.
JUDGMENT/FINAL ORDER
The complainant above named filed this case against the opposite parties praying for direction upon the O.P.Nos. 1and 2 to refund Rs. 4,390/-, compensation amounting Rs. 16,00,000/-, litigation cost amounting to Rs.1,00,000 and another reliefs.
He alleged that he was advised to undergo in operation and for that reason he was also advised by his doctor for haematology test and serelogical test. He gave blood sample to the O.P.No.1 and after examination of his blood O.P.No.1 issued report which was endorsed by O.P. No. 2. In the report his blood group has mentioned as ‘AB’ positive while he iswell aware that his blood group is OA positive. Having the said fact concerned doctor advised the complainant for fresh tests. Thereafter the complainant again arranged examination of his blood before O.P. No. 3 who gave report mentioning the blood group of the complainant as ‘A’ positive. Aforesaid act of O.P. Nos. 1and 2 are nothing but deficiency in service and unfair trade practice. Hence the complainant filed this case.
O.P. 1 filed W.V and denied the material allegations made in the petition of complaint. Receptionist of the O.P. no.1 sent blood sample to the laboratory of O.P. No.1 thereafter concerned lab technician of O.P.No.1 centrifuges the blood sample and prepared the blood sample for testing as per requisition. Concerned computer typist namely Rahul Brammha did the mistake and he has been terminated from the service. Concerned doctors have been requested not to continue any relation with him. O.P. No.1 is ready and willing to refund back the money i.e Rs. 4,390/- in favour of the complainant along with Bank interest. He prays for dismissal of the case.
Case is running ex-parte against O.P.No.2 vide dated 05.11.2019.
O.P. No.3 filed W.V and denied the entire allegations. He further stated that he is not the necessary party, no relief has been claimed from him. He examined the blood sample of the complainant and submitted paper report and described the blood group of the complainant and ‘A’ positive.
Trial
During trial the complainant filed examination-in-chief.
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C.C. No. 177/2019
Documents
At the time of filing of the complaint complainant produced the following documents(Xerox copies).
Original copy of these documents were produced at time of hearing of argument and some were returned the Ld. Advocate of the complainant.
- Haematology report dated 22.03.2019(two sheets Xerox).
- Haematology report dated 24.03.2019 issued by O.P. No.3 (two sheets Xerox).
- Medical bill amountin to Rs.4,390/- issued by O.P.Nos. 1 and 2 dated 22.03.2019 (one sheet Xerox)
- Postal receipt along with postal T.R (one sheet Xerox)
- Advocate letter dated 18.04.2019 (three sheets Xerox)
BNA
Complainant filed BNA and O.P. No.3 filed BNA.
Decision with Reasons
We have carefully gone through the petition of complaint filed by the complainant, W.V filed by the O.P. No.1, W.V filed by the O.P.No.3, addidavit-in chief filed by the Complainant and O.P.No.1 and documents on record.
We find that no questionnaire was filed on behalf of the O.P.No.3 against the affidavit-in-chief of the complainant.
On careful perusal of the aforesaid documents we find that O.P. No.1 admitted in his W.V that aforesaid mistake has done and one office staff namely Rahul Brammha committed the said mistake and he has already been terminated him.
On careful perusal of the medical report dated 22.03.2019 issued by O.P.No.1 we find that blood group of the complainant has been described that ‘AB’positive. On perusal of the copy of driving license of the complainant dated 28.05.2014 we find that the blood group of the complainant has been described as ‘A’ positive. So, it is clear before us that blood group of the complainant was previously declared as ‘A’ positive by motor vehicle authority. Moreover, on 14.03.2019 blood of complainant was examined by O.P.No.3 and O.P. No.3 by his report described blood group of the complainant ‘A’ positive.
So, it is clear before us that complainant’s blood group is ‘A’ positive and report issued by O.P. No.1 mentioning the blood group as ‘AB’ positive is appeared to us as wrong report. Moreover, O.P. No.1 in his W.V admitted that aforesaid report of complainant mentioning blood group as “AB’ positive has been issued wrongly by his staff Rahul Brammha who has been subsequently terminated from the service for his aforesaid wrong. Aforesaid act of O.p. No.1 is nothing but deficiency in service and unfair trade practice.
On perusal of the record we find the complainant is a consumer and O. P. Nos. 1 and 3 are the service provider.
Having regard to the aforesaid discussion it is clear before us that the complainant has able to established his grievance of sufficient documents beyond reasonable doubt and accordingly complainant is entitled to relief as per his prayer.
In the result that present case is succeeds.
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C.C. No. 177/2019
Hence
it is ordered
that the present complaint be and the same vide No. CC. No.177/2019 is allowed on contest against O.P. No.1 and allowed exparte against O.P. No.2and dismissed on contest against O.P. No.3 with cost of Rs. 5,000/- to be paid by O.P No. 1 and 2 in favour of the Complainant.
O.P. No.1 is directed to refund Rs. 4,390/- in favour of the complainant within 45 days from this day.
O.P. Nos. 1 and 2 jointly or severally is directed to pay compensation amounting to Rs. 10,000/- in favour of the complainant within 45 days from this day.
Aforesaid opposite parties are directed to comply the aforesaid directions within the stipulated period, failing which complainant shall have liberty to put this order into execution.
Let a plain copy of this order be given to the parties as free of cost as per CPR, 2005.
Dictated and corrected by me.
President
Member President
