MADHYAMGRAM CONSUMERS WELFARE SOCIETY vs KALYAN KUMAR CHATTERJEE

THIS is petitioner''s appeal praying for award of compensation up to Rs. 50,000/- and exemplary cost against the O.P. By the impugned order the Forum observed that there was deficiency in service on the part of the O.Ps. and as such directed them to make refund of Rs. 250/- representing the cost of charges taken by them for examination of blood. Besides, the Forum awarded a sum of Rs. 3,000/- as cost to the petitioner.

THE O.Ps. did not prefer any appeal but the petitioner has approached this Commission in appeal stating inter alia that the Forum had leniently dealt with the O.Ps. and awarded a much lesser amount than that was required to be allowed. The petitioner is a Consumer Welfare Society and it has brought this action on behalf of one Shri P.K. Chatterjee. The said Mr. Chatterjee consulted his Physician and on his advice got his blood tested for T.S.H. (Thyroyd Stimulating Hormone) from the O.P. No. 1 by paying a sum of Rs. 250/-. The Test Report signed by O.P. No. 1 showed that his TSH count was far below the normal range. On the advice of his consulting Physician he got his blood again tested by another laboratory which showed that it was on the higher side of normal range. So the petitioner alleges gross deficiency in service and conduct on the part of the O.Ps. The report given by the O.Ps. caused immense mental agony and harassment to him. So he approached the Forum claiming compensation and cost of the litigation.

Upon consideration of materials on records the Forum found that there was deficiency in service on the part of the O.P. The Forum however did not award any compensation in favour of the petitioner on the ground that the petitioner has failed to produce any material to show that he has suffered any loss or injury because of wrong report given by the O.Ps. Being dissatisfied with the order of the Forum the petitioner has moved this Commission in appeal. The learned Counsel for the appellant submits that the petitioner had to incur huge cost in fighting the litigation before the Forum and he has suffered mentally and physically because of wrong report given by the O.Ps. It is noticed that there has been a gap of only 9 (nine) days in between the two reports. The first report given by the O.Ps. indicated that it was below sub-normal while the second report given by another laboratory showed that it was on the higher side of normal range. The learned Counsel for the respondent submits that there is no third report to show which of the reports is correct and as such the Forum was not justified in relying upon the second report and passing award on the basis of these reports. It is true that no third report has been obtained to show which of the reports is correct. Be that as it may the Forum did not find any material to establish the claim for compensation made on behalf of the petitioner. It is accepted that the refund of Rs. 250/- was made by the O.Ps. Similarly, the cost was also paid by the O.Ps. and the petitioner had accepted both the amounts. It is worthy of note that there is practically no material to show that the petitioner had suffered any injury because of the first report. There was only a time gap of 9 (nine) days. The consulting Physician of the complainant did not rely upon the first report, but advised a second report to be certained. No treatment had been started on the basis of first report. In view of the circumstances, narrated above we think that the Forum was perfectly justified in not allowing any claim for compensation and in not awarding higher amount towards cost of this litigation. In our opinion the judgment needs no interference. The appeal fails and is dismissed on contest. Appeal dismissed.