In the Court of the
Consumer Disputes Redressal Forum, Unit -I, Kolkata,
8B, Nelie Sengupta Sarani, 4th Floor, Kolkata-700087.
CDF/Unit-I/Case No. 347 / 2005.
1) Sri Golak Behari Samanta,
Village-Ramdevpur, P.O. Chetua, Rajnagar, Dist-West Midnapore.
2) Dr. Swapan Kumar Samanta,
5/13, Sarat Pally, Belghoria, Kolkata-700056. ---------- Complainant
---Versus---
1) The Woodlands Hospital and Medical Research Centre Limited,
8/5, Apipore Road, Kolkata-27, P.S. Alipore. ---------- Opposite Party
Present : Sri Sankar Nath Das, President.
Dr. Subir Kumar Chaudhuri, Member.
Smt. Sharmi Basu, Member
Order No. 44 Dated 22/05/2012.
The petition of complaint has been filed by the complainant no.1 Sri Golak Behari Samanta (who expired during the pendency of the case vide order no.20 dt.18.3.09) and complainant no.2 Dr. Swapan Kumar Samanta against the o.p. no.1 The Woodlands Hospital and Medical Research Centre Ltd. and o.p. no.2 Dr. Suhas Majumdar (who expired vide order no.3 dt.2.2.07).
Specific case of the complainant no.1, since deceased, was admitted in o.ps. hospital for prostate operation in April 2005 and was admitted almost a month in o.ps. hospital under supervision of o.p. no.1. Further case of complainants is that at the time of said operation of complainant no.1 blood was required and complainant no.2, son of complainant no.1, agreed to donate blood and blood sample was taken by o.p. no.1 and o.p. no.1 informed complainant no.2 that he shall not be able to donate his blood to complainant no.1 as his blood was carrying HCV Positive. Complainant no.2 was further advised by o.p. no.1 to make alternative arrangement for collecting necessary blood of the same group for aforesaid operation. As per complainants the information that the blood carried HCV Positive was not only heart breaking for complainant no.2, but also of the members of his family, it has caused mental trauma and tension for complainant no.2 and his family. However, complainant no.2 took a second opinion with regard to above and accordingly consulted deceased o.p. no.2 and o.p. no.2 re-affirmed such blood report of complainant no.2, annex-C of petition of complaint. Thereafter, for obtaining a further opinion complainant no.2 consulted with Dr. S. Ghosh of Kolkata Heart Clinic and Hospital who in turn advised him to go for another test for HRL Ranbaxy, annex-D and accordingly, complainant no.2 incurred to the tune ofRs.700/- for the purpose of undergoing for such cross checkup and the report came up from SRL Ranbaxy categorically stating that no HCV was detected in blood sample of complainant no.2 in any manner, annex-E. Further he went for another blood test for diagnosis that whether he has carried HCV Positive or not. He went to Serum Analysis Centre Pvt. Ltd. incurring further expenses of Rs.2100/- and that report also re-affirmed that the blood sample of complainant no.2 did not carry in any HCV, annex-F. In spite of above it was not possible for complainant no.2 to come out of the tremendous mental agony and anxiety created by o.ps. as stated above. As such, complainant no.2 went for another test to Health Point Diagnostic Centre, a government recognized establishment by incurring further expenses and the blood report of the said centre after due examination found HCV is non-reactive in the blood, annex-G. Thereafter he underwent another test of his blood sample from Govt. of West Bengal, Deptt. of Virology, School of Tropical Medicine incurring huge expense and in this event also HCV was found to be non-reactive in the blood sample of complainant no.2. Even the doctor of the aforesaid department of Govt. of West Bengal categorically certified that complainant no.2 was not at all suffering from HCV. However, by way of abundant caution, complainant no.2 opted for undergoing complete USG of his whole abdomen so as to ascertain as to whether he was suffering from HCV incurring Rs.750/-, annex-I. Thereafter complainant no.2 through ld. advocate’s letter demanded upon o.ps. calling upon them to compensate him for his mental agony and harassment due to the negligence and utter deficiency in providing service on their part. But o.ps. did not pay heed to that. Hence, the case.
O.p. no.1 had entered in this case by filing w/v and denied all the material allegations labeled against them and prayed for dismissal of the case. Here it is pertinent to mention that o.p. no.2 died during the pendency of this case and did not file any w/v.
Decision with reasons:-
We have gone through the pleadings of the parties, evidence and documents in particular. From w/v of o.p. no.1 it is evident that for the operation of the patient o.ps. hospital conducted HCV test of blood and found that it was reactive in Elsa method and this version amounts to admission of o.p. no.1 that complainant no.2 was carrying HCV virus as per their report. The explanation findings of the blood report of complainant no.2 by o.p. no.1 has been negated by the report of Deptt. of Virology, School of Tropical Medicine, Kolkata-73 wherein report showed “HCV was found to be non-reactive” in the blood sample of complainant no.2 and the said authority categorically issued certificate that complainant no.2 was not at all suffering from HCV.
Considering the matter in issue in the context of the above we put every credence on the report of School of Tropical Medicine and it certified to the effect that complainant no.2 was not suffering from HCV at the relevant point of time at all. In view of the above findings, we are of the view that o.ps. had sufficient negligency on their part being service provider to their consumer / complainants for the harassment and mental stress, strain and financial loss and it is o.p. no.1 who is liable for all such and we hold that complainant no.2 is entitled to relief.
Hence, ordered,
That the petition of complaint is allowed on contest with cost against o.p. no.1. O.p. no.1 is directed to pay a sum of Rs.6000/- (Rupees six thousand) only for the expenses incurred by complainant no.2 for ascertaining of the fact as to whether he was suffering from HCV nor not and o.p. no.1 is further directed to pay compensation of Rs.10,000/- (Rupees ten thousand) only for harassment and mental agony and litigation cost of Rs.5000/- (Rupees five thousand) only within 45 days from the date of communication of this order, i.d. an interest @ 9% p.a. shall accrue over the entire sum due to the credit of the complainant till full realization.
Supply certified copy of this order to the parties.
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MEMBER MEMBER PRESIDENT
