Heard learned counsel for  the appellant. None appears for the respondent.

2.              This appeal is  filed  U/S-15 of erstwhile  Consumer Protection Act,1986(herein-after called the Act). Hereinafter, the parties to this appeal shall be referred to  with reference to their respective status before the learned District Forum.

3.                   The unfolded story    of the complainant,  is that the  complainant was  suffered from malaria and was admitted in the District Headquarters Hospital,Dhenkanal  on 05.07.2006. On that day there was necessity of blood transfusion to the complainant. It is alleged inter-alia that the blood after being drawn from the complainant was sent to the OP No.1 for supply of pouch of  blood.  It is further alleged that the OP No.1 found that complainant got B positive blood group and accordingly sent to the  DHH Hospital,Dhenkanal of one unit of blood. Complainant’s blood was transfused, but the quantity of hemoglobin   did not come upto expectation and as usual it was on  low.  Thereafter the complainant went to Sub-Divisional Hospital,Hindol and treated  there and there also the doctor has drawn the blood and sent for  another unit of blood  for the transfusion to the complainant.  The Blood Bank Officer  at Angul opined that the complainant has AB positive blood group. After transfusion of AB positive blood the complainant found  that the level of hemoglobin increased. Thus, the complainant alleged that  due to wrong blood examination  at Dhenkanal, he was not cured  and suffered from physical pain, financial loss and mental agony.  Therefore, the complaint was filed.

4.                  The OP  No.1     filed  written version stating that the B Positive  blood was transfused under the doctor’s supervision  and there was no reaction to the complainant. It is averred that  the report of B positive instead of AB positive might  be due to wrong labeling or exchange  of blood sample at the site of collection.   Therefore, they have no deficiency in service  on their part.  

5.                    OP No.2,3 & 4 are set-exparte.

6.                      OP No.6 filed written version stating that after blood was drawn from the complainant it was sent for another unit of blood  to be transfused  and accordingly AB positive blood  was given to the complainant for transfusion, accordingly percentage of hemoglobin was increased. Therefore, they have no deficiency in service on their part.

7.                       After hearing both the parties, learned District Forum   passed the following order:-

               Xxxx              xxxx              xxxx

                    “ That,  the complaint petition is admitted on contest against Opposite Party No.1 and ex-parte against Ops 2,3,4 and 5. The Opposite Party No.6 being a proforma party is exonerated from any liability. There is negligence in duties and deficiency in service on the part of the OP No.1  is well proved and therefore the Opposite Party No.1 is directed to pay compensation of Rs.40,000.00(Rupees Forty thousand) and cost of litigation of Rs.5,000.00(Rupees Five thousand) to the complainant within 30 days from the date of receipt of this order.”

8.                  Learned counsel   for the appellant  submitted that    learned District Forum has  passed the impugned order  by not considering the written version filed by the OP No.1 with proper perspectives. According to him the blood drawn by hospital  sent for testing and after testing he found ‘B’ positive group and accordingly supplied. Learned District Forum ought to have considered all the facts and law before coming to the conclusion. So, he submitted to  set-aside the impugned order by allowing the appeal.

  9.               Considered the submission of learned counsel for the appellant, perused the DFR and impugned order.

10.                     It is admitted fact that  the blood of  complainant was drawn  on 05.07.2006 and  it was sent for testing  as the complainant was suffering from malaria.  Moreover, it is not in dispute that the Blood Bank Officer of Dhenkanal examined the blood and it was found B positive  group. It is not in dispute that having not satisfied with the treatment  complainant  went to Sub-Divisional Hospital,Hindol where he was asked by the doctor to supply another unit of blood and there the blood group became A B positive group. It is admitted fact that the AB positive group was given to the complainant after duly tested at Angul. Complainant alleges that  learned District Forum has not discussed the case properly and found that OP No.1 is in guilty of issuing  of ‘B’ positive  group. Here, the complainant has not proved who has drawn the blood  at Dhenkanal and  whether the blood sample  drawn continuing his name has been handed over to the OP No.1. On the otherhand, the person who has drawn for collecting one unit of blood has not been examined  to support  the case of the complainant. Not only this but also according to the complainant the patient  is at all in any other group of blood, he would died but due to his blood group of AB he survived. But he has no proof  to press it.  In such circumstances there is no  room to maintain the order but opined  that the impugned order is liable to be set-aside and it is set-aside.

                 Appeal stands allowed. No cost.

                  Free copy of the order be supplied to the respective parties or they may download same from the confonet  or webtsite of this  Commission to treat same as copy of order received from this Commission.  

                   DFR be sent back forthwith.