Before the District Consumer Dispute Redressal Commission [Central], 5th Floor ISBT Building, Kashmere Gate, Delhi
Complaint Case No. 54/2020
Kanchan Kamini Kakar
T-11, First Floor, Prasad Nagar,
Opp. Police Station,
New Delhi-110005 ...Complainant
Versus
M/s Wellness Pathcare
Corp. Office: 2E/3, Jhandewalan Extension,
New Delhi-110055 ...Opposite Party
Senior Citizen Case
Date of filing: 04.09.2020
Date of Order: 14.06.2023
Coram: Shri Inder Jeet Singh, President
Ms. Shahina, Member -Female
Shri Vyas Muni Rai, Member
Vyas Muni Rai ORDER
1.1. The instant complaint u/s 35 of Consumer Protection Act, 2019 has been filed by Kanchan Kamini Kakar, senior citizen (in short ‘the complainant) against M/s Wellness Pathcare (in short ‘OP’); complainant had taken the services of performing Covid-19 test and blood test (whole body) from OP; sample collection for the same was conducted on 10.06.2020 and reports for blood test was supplied on 10.06.2020 through whatsapp; whereas the report for the Covid-19 test was not supplied till 11.07.2020; Covid-19 test report was provided by the OP to the complainant only after she approached National Accreditation Board for Testing and Calibration Laboratories (herein after referred as ‘NABL’) to file complaint against OP; OP supplied report processed by another Pathology Laboratory, namely, Noble Diagnostic Centre (copy of the test report is at page-9 of the paper book).
1.2. The complainant was suffering from mild fever since 05.06.2020 and after administration of prescribed medicines; she got no relief from the rising body temperature and weakness; she in consultation with doctor, blood test (whole body) along with Covid-19 test was suggested; prescription of doctor is at page 10 of the paper book); OP, having its own Pathology Laboratory had a wide display on its website regarding test, etc; (copy of information displayed at its website is at page 11 & 12 of the paper book).
1.3. OP was approached and provided home collection service for the aforesaid tests; upon enquiry from the OP’s executive, it was confirmed the total amount of Rs. 5,700/- was to be deposited; and further it was specified that home collection of samples for Covid-19 test can only be booked against advance payment of Rs. 4500/-; advance payment of Rs. 4,500/- (for Covid-19 test) was paid to OP and balance payment of Rs. 1,200/- (whole body blood test) was to be paid to the collection agent of OP at the time of visit for sample collection (copy of advance payment is at page-13 of the paper book); and payment receipt for Rs. 5,700/- dated 10.06.2020 annexed at page -14.
1.4. It is also the case of complainant that doctor’s prescription, Aadhar Card and address for sample collection was also shared with the booking executive of OP over whatsapp on mobile no. 8510018290, in order to confirm the booking; on 10.06.2020 at 0822 hrs., blood test for whole body checkup was collected upon payment of balance amount Rs. 1200/- vide receipt having serial no. 1302-004437 ( 10.06.2020) as mentioned in para no. 1.3 above was issued ; it was also mentioned in the said receipt that reports will be made available at 8:00 PM on 12.06.2020; blood test report for whole body checkup was provided on whatsapp; whereas Covid-19 test report was awaited and pending, it is relevant to mention that, during the waiting period for medical test result, condition of the complainant deteriorated and the consulting physician was also helpless, since Covid-19 test report was not available and the records of medication could not be determined; as a pre-cautionary measure or an alternative, consulting physician prescribed a Chest X-Ray (PA View) wherein Acute Pneumonia was diagnosed on 12.06.2020; further, NCCT Chest was prescribed to corroborate with X-ray report and test was conducted on 13.06.2020, findings of report are reproduced as under:-
“Findings, are strongly suspicious of active viral infection (Covid-19); correlate clinically with swab/serological test”
(Copy of the Chest X-Ray and NCCT Chest/Abdomen report along with bills are at page-15 to 18 of the paper book);
1.5. After the aforesaid reports, the consulting physician suggested immediate hospitalization in view of the deteriorating health condition and strong possibility of complainant being infected with Covid-19; but due to non-availability of Covid-19 test report, family member (son) of the complainant was helpless to arrange admission in any hospital; son of the complainant visited Janakpuri Centre of OP on 13.06.2020 to enquire about the Covid-19 test report, and official of OP assured that due to over booking of tests, report can only be made available by end of 14.06.2020; son of the complainant made various attempts to contact OP telephonically; but OP deliberately avoided to respond the phone calls (copies of the conversation over whatsapp with OP are at page-19 to 24 of the paper book).
1.6. In view of the above, in order to seek admission in any hospital for treatment, the complainant had to book another Covid-19 test with Lifeline Laboratory on 13.06.2020 and the sample was collected the very same day; test confirmed as “Covid+ve” on 15.06.2020 and the complainant was hospitalized immediately (copy of Covid-19 test report dated 15.06.2020 is available at page 25 of the paper book); complainant got treated and was discharged from hospital on 24.06.2020 and had to borne expenses of Rs. 2,61,834/- towards hospitalization through her medical insurance policy (copy of the hospital bill dated 01.07.2020 is at page -26-32 of the paper book).
1.7. The complainant also approached NABL to report malpractices undertaken by OP; accordingly complaint registered by NABL vide no. 174/2020 (copy of the complaint registered by NABL is at page 33-35 of the paper book).
1.8. Complainant also sent notice dated 06.07.2020 to OP vide speed post, etc, and the same was served to OP (copy of the notice dated 06.07.2020 is at page 36 to 38 and track report dated 11.7.2020 is at page-39 of the paper book); however, OP’s representative at Janakpuri Centre managed to refuse the delivery of notice and the same was returned.
1.9. Based on the aforesaid grievances and negligence/malpractices on the part of OP; complainant has alleged deficiency of service in delivering the test report within stipulated time; which resulted in life threatening condition of the complainant; if the said report would have been provided within time; the consulting physician could have determined the course of treatment; and the complainant could have avoided the hospitalization and related expenses; OP also misrepresented to the complainant about its laboratory to process samples collected and to deliver the test report; which is evident from the facts that Covod-19 test report was not processed/generated by the OP but by some third party without any knowledge or information to the complainant, and the said act of the OP tantamount to breach of trust and breach of contract; since the personal information of the complainant was shared with a third party without any knowledge or consent of the complainant.
1.10. In view of the above facts and circumstances, and alleged deficiency of service/breach of contract on the party of OP, the complainant has prayed for issuing directions to the OP as under:-
“(a.) Rs. 4,500/- collected towards COVID Test Report - Rs. 4,500/-
(b.) Hospital Expenses - Rs. 2,61,834/-
(c.) Medical Test Charges - Rs. 10,000/-
(d.) Mental agony on a/c of deficiency in service resulting- Rs. 10,00,000/-
in hospitalization due to life threatening medical condition.”
2. We have perused the record; vide proceedings dated 25.04.2022; OP’s opportunity to file reply was closed and OP was also proceeded ex-parte vide proceedings dated 03.11.22.
3. The complainant filed the affidavit of evidence under her signature and perusal of the some depicts that same is on the facts and features of the pleadings of the complaint.
4. Written arguments has also been filed on the part of complainant; the submissions made in the written arguments of the complainant are more or less on the line of submissions in the complaint; except the citation in case of Rakesh Malhotra Vs. Govt. of NCT of Delhi and Ors; in WP (C) 3031/2020 decided by Hon’ble High Court of Delhi has been referred; and para-4 of the said judgment has been referred to the effect that test reports be informed to the person within 24 hours of the test; relevant extract is reproduced as under :-
“Para-4. Delhi Government shall look into the aforesaid position and state in the next Status Report to be filed as to how the system is being streamlined to ensure that the turnaround time for declaring the results is strictly adhered to and the results, whichever way they may be, are conveyed to the person tested within 24 hours. The aforesaid direction is also considered necessary in the light of the fact that in most cases, where the samples are collected and sent to laboratories for testing, the person tested is not given any information about the result unless he/she tests positive; in other words, the person tested remains completely in the dark and is not informed about the outcome of the test undertaken. If the mobile number of every person tested is taken at the time of the testing, there is no good reason why the result should not be communicated on the said mobile number within 24 hours of the samples being sent to the lab for testing. There is obviously a lag that must be addressed at the earliest.”
5. We have carefully considered and analyzed the contents of the complaint, affidavit of evidence and written arguments submitted on record by the complainant.
6. It is admitted facts and record that due to unhealthy condition and indifferent health; complainant approached to OP for getting her blood test (whole body) and Covid-19 tests to be conducted by Laboratory of OP; test samples were collected and conducted on 10.06.2020; only blood test report was supplied by the evening of said date and report for the Covid-19 test; was not supplied till 11.07.2020; however, date for the both the reports was given by OP to be collected on 12.06.2020:8 PM; it is also on record that Rs. 1200/- ( for whole body checkup) and Rs. 4,500/- for Covid-19 test total amounting to Rs. 5700/- was deposited by complainant with OP on 10.06.2020 itself vide receipt and serial no. 1302 004437, it is further on record that OP failed to deliver the Covid-19 test report on specified date; which culminated in to get the same conducted from other laboratories namely, Noble Diagnostic Centre and she was found Covid-19 positive.
7. The trauma faced by the complainant due to non supply of Covid-19 test report in time by OP; forced the complainant to consult doctor; who prescribed for Chest X-Ray (PA View) and also for the test of NCCT-Chest; and the said test reports; on prescription of the consulting doctor diagnosed active viral infection (Covid-19); Acute Pneumonia was also diagnosed; which added to the worries and horror of the complainant.
8. It is the case of the complainant; that after aforesaid diagnosis; the complainant was to be admitted in the hospital immediately; and incurred expenses of Rs. 2,61,834/-; due to sheer negligence on the part of OP; as it failed to supply the test report of Covid-19 to the complainant within its specified period; however, on perusal of the record; complainant has not submitted discharge summary on record issued by the treating hospital; discharge summary of the hospitalized patient contains in detail the history/symptoms of ailment before hospitalization of the patient; it also contains the pre-hospitalization details of the disease of the patient; which necessitated the hospitalization for treatment on emergency basis; in absence of the discharge summary of the complainant; and non-submission of discharge summary on record; details of the treatment given to the complainant during her hospitalization; cannot be ascertained; further, whether the complainant was admitted in ICU and/or kept on ventilation support under intense observation of the treating doctor and/or team of the doctors; in absence of discharge summary of the complainant; we are also unable to find; as to what were the final diagnosis and the details of the treatment given to the complainant; for which Rs. 2,61,834/- has been spent and paid by the complainant for the bill of the hospitalization; whether ‘Covid-19 +ve’ test; conducted by another pathology laboratory in case of the complainant; was the only reason for her hospitalization or viral infection, Pneumonia coupled with Covid-19; therefore, in absence of discharge summary/report having reasons of the hospitalization and details of the treatment; given to the complainant during her hospitalization; we fail to reach on constructive conclusion and to find justification for the claim of the complainant amounting to Rs. 2,61,834/-; which was paid to the hospital for treatment during her hospitalization; discharge summary also has the prescription of doctor for medication after discharge from hospital.
9. The difficulties and the trauma faced by the complainant; (a senior citizen) does not end here; complainant filed complaint with NABL about the negligence and malpractices meted out to her on the part of OP; in addition; she also gave notice dated 06.07.2020 detailing her harassment and difficulties which was managed to have been returned by the representative of OP; as has been alleged by the complainant.
10. It is also reflected from the record; that complainant also exchanged messages/conversation with OP on the whatsapp, details of which are at page-19-24 of the record; and said whatsapp messages/conversations between the complainant and the representative of OP; speak volumes as to how and in what manner the complainant; being a senior citizen was harassed and agonized by the OP.
11. Complainant was given unhealthy treatment by the OP, not only this; misrepresentation on the part of OP is writ large; as OP after giving fake assurances for Pathology tests in its laboratory, got complainant’s Covid-19 test conducted from the third party; without information and knowledge of the complainant; which resulted in sharing the personal information of the complainant by OP with third party.
12. To add further; blatant omissions and commissions on the part of OP is a crystal case of breach of trust and breach of contract by sharing the personal information of the complainant with the third party without the knowledge and consent of the complainant.
13. The complainant in her written arguments has cited the case law decided by Hon’ble High Court of Delhi; wherein, inter-alia it has been held that any such test reports related to any person are to be conveyed to the person tested within 24 hours; (relevant para of the citation of the Hon’ble High Court’s order has already given in para-04 above).
14. Facts on record and circumstances speaks itself; due to non-delivery of test report within the specified period; as has been mentioned in the cash receipt voucher dated 10.06.2020 (Supra); is a case of deficiency on the part of OP; which resulted in unnecessary trauma, agony and harassment to the complainant; who is a senior citizen of more than 67 years of age; the dilemma and difficulties; coupled with mental tension; due to negligent services on the part of OP; caused immense sufferings to the complainant for a considerable period as is evident from the record and for the same any amount of compensation/damages to this account; may not be measured in a defined manner; however, it may provide solace to the complainant to some extent; however, as discussed above the payment of hospitalization bill amounting to Rs. 2,61,834/- spent by the complainant is not justifiable in absence of the discharge summary report.
15. Complainant has requested for payment of Rs. 4500/- which was deposited vide cash receipt dated 10.06.2020 for Covid-19 test; the report of which was not given to the complainant within specified time and she was compelled to spent Rs. 10,000/- again for getting the Covid-19 test from other laboratory; therefore, we also deem it appropriate to order OP to pay Rs. 10,000/- on this account.
16. The complainant has also requested for payment of Rs. 10,00,000/- as compensation/damages by OP for mental agony but no justification has been given for the same; however, in the fact and circumstances of the case we deem it appropriate to order OP to pay Rs. 50,000/- as compensation to meet the ends of justice.
17. Aforesaid analysis/observations; persuade us to conclude that there has been deficiency of service and breach of trust on the part of OP as defined in sub-clause (11) of section 2 of the Consumer Protection Act 2019; therefore, complainant has partly succeeded in establishing her case with credible evidence against OP, hence, complaint is partly allowed in favour of the complainant and against OP with following directions:
- We direct OP to pay the complainant expenses Rs. 10,000/- spent on medical tests conducted by another laboratory with interest @ 6% p.a. from the date of filing of the complaint till realization of this amount; besides Rs. 50,000/- as compensation/damages for immense mental agony, trauma and harassment faced by the complainant; the amount will be payable within 30 days from the date of receipt of this order.
- In case, the amount is not paid within 30 days; the same will carry interest @ 7% p.a. in place of interest @ 6% p.a. on amount of Rs. 10,000/-.
18. Copy of this Order be sent/provided forthwith to the parties free of cost as per rules for necessary compliance.
19. Announced on this 14th June, 2023.
[Vyas Muni Rai] [ Shahina] [Inder Jeet Singh]
Member Member (Female) President
