BEFORE THE CONSUMER DISPUTES REDRESSAL FORUM
I.T.O. , NEW DELHI
COMPLAINT NO. OF 2014
IN THE MATTER OF :
Mr. Chandra Mouli Dubey .…..Complainant
Versus
M/s. Dr. Lal Path Labs Pvt. Ltd. …….. Opposite Party
INDEX
S.NO. Particulars Pages C. Fee
1. Memo of Parties
2. Complaint U/s. 12 of
the Consumer Protection Act, 1986
alongwith Affidavit in support
3. List of Documents alongwith documents
4. Vakalatnama
Filed By
Avinash N. Sharma
Advocate
Chamber No. 689, Patiala House Courts,
New Delh-110001. Mob. 7292020323
Delhi
Dated : . 2014
BEFOR THE CONSUMER DISPUTES REDRESSAL FORUM
I.T.O. , NEW DELHI
COMPLAINT NO. OF 2014
IN THE MATTER OF :
Mr. Chandra Mouli Dubey ……..Complainant
Versus
M/s. Dr. Lal Path Labs Pvt. Ltd. …….. Opposite Party
MEMO OF PARTIES
Mr. Chandra Mouli Dubey ,
S/o. Sh. Birj Raj Dubey
R/o House No.631, Jail Road,
Civil Lines , Distt. Gonda (U.P.) …. Complainant
Versus
M/s. Dr. Lal Path Labs Pvt. Ltd.,
Through its CMD, Dr. Arvind Lal
Having its Head Office at: 5th Floor, the Pavilion,
M.G. Road, (Near Dev Cinema)
Gurgaon-122001
Phone: 011-3988-5050 ..…. Opposite Party
Complainant
Through
Avinash N. Sharma
Advocate
Chamber No. 671, Patiala House Courts,
New Delh-110001.
Delhi
Dated: .2014
BEFOR THE CONSUMER DISPUTES REDRESSAL FORUM
I.T.O. , NEW DELHI
COMPLAINT NO. OF 2014
IN THE MATTER OF:
Mr. Chandra Mouli Dubey ,
S/o. Sh. Birj Raj Dubey
R/o House No.631, Jail Road,
Civil Lines , Distt. Gonda (U.P.) …. Complainant
Versus
M/s. Dr. Lal Path Labs Pvt. Ltd.,
Through its CMD, Dr. Arvind Lal
Having its Head Office at: 5th Floor, the Pavilion,
M.G. Road, (Near Dev Cinema)
Gurgaon-122001
Phone: 011-3988-5050 …. Opposite Party
COMPLAINT UNDER SECTION 12 OF THE CONSUMER PROTECTION ACT, 1986
MOST RESPECTFULLY:
1. That the complainant is an employee with ITI Limited (a Govt. of India Undertaking) at Mankapur, Gonda-271308 ( U.P.) whereas the opposite party is a registered company having specialty and reputation in the field of pathology. The ID proof of the complainant is annexed herewith.
2. That complainant’s son Mr.Dew Prabhakar Dubey, aged about 23 years had been living in Delhi since April, 2013 as a student for the preparation of Civil Services Exams. He has been conferred upon the decree of Bachelor of Technology in Electronics and Communication Engineering from Gautam Buddh Technical University, Lucknow. That He had fallen ill in the first week of September, 2013 and was admitted to Govind Ballabh Pant Hospital, New Delhi bearing C.R. No. 265174, Ward No. 34/602 in the Deptt. Unit – Neurosurgery under Doctor In charge Dr. S. Sinha. The copy of Discharge Summary from G.B. Pant Hospital, New Delhi, Neurosurgery Department is annexed herewith.
3. That the complainant availed the service of the opposite party for the test of c-ANCA , p-ANCA and Homocysteine as per the instructions of the doctor. The blood sample was collected and the receipt of Rs. 3830/- dated 28.09.2013 bearing No.24579 was issued by the opposite party to the complainant after cash payment of the said amount by the complainat at G.B. Pant Hospital, Delhi. The copy of the said Receipt is annexed herewith.
4. That for the utter surprise to the complainat and the consulting doctor, the final report status bearing Lab No.101362022 with address- Shop No.2, Makki Masjid, behind LNJP Hospital, Delhi-110002 was issued by the opposite party to my client showing c-ANCA 6.30 as positive. That the said test result was the confirmation of the presence of the deadly disease of Vasculitis. The copy of the final Test Report dated 28.09.2013 is annexed herewith.
5. That on the basis of the report of the opposite party, my client consulted to MeDanta Hospital, Global Health Pvt. Ltd. as the treatment facility to this particular disease was not available at G. B. Pant Hospital and my the complainat spent Lakhs of Rupees to find out solution. Frequent medical examinations and tests of the son of the complainat was conducted during which complainat remained under heavy mental stress as the Vasculitis was not curable and would ultimately result in the death of the patient. Finally, after thorough medical examinations and observance, the MeDanta Centre declared the status of c-ANCA negative. The copy of different tests and reports of MeDanta Centre are annexed herewith.
6. That the complainant went back with his son to G.B. Pant Hospital for further cure and recovery of the patient’s status and the Doctor of G.B. Pant again suggested the test of c-ANCA , p-ANCA and Homocysteine from Dr.Lal Path Labs Pvt. Ltd. to be sure of this problem and also issued a letter dated 23.10.2013 addressed to the concerned department at AIIMS to verify this matter considering the two contradicting reports, one of Lal Pathology in which c-ANCA is 6.3 Positive and the other report of MeDanta Hospital which is negative. The Letter dated 23.10.2013 is annexed herewith.
7. That the complainant again deposited the charges of Rs. 3830/- of the opposite party for the same test with the attending person of the opposite party and was given the deposit receipt dated 23.10.2013 , bearing No. 11249. However, the complainant pointed out to the appointed person of the opposite party about the false report given by the opposite party earlier and also prayed for the relaxation of amount charged for the second test which was due to the fault of the opposite party but the same was not considered. The copy of the Deposit Receipt dated 23.10.2013 is annexed herewith.
8. That the second final report dated 23.10.2013 bearing Lab No. 205246964 with address- Shop No.2, Makki Masjid, behind LNJP Hospital, Delhi-110002 issued by the opposite party to the complainant showed c-ANCA 3.33 as negative besides other drastic changes in parallel tests results. The second Final Test Report dated 23.10.2013 is annexed herewith.
9. That the two other tests results with respect to p-ANCA and Homocysteine have also drastic differences when compared to the first test reports issued by the opposite party, such as Homocysteine from 47.15 to 18.08 and p-ANCA from 1.16 to 3.23, which is not possible within so short span of 25 days time from the date of 28.09.2013 to 23.10.2013.
10. In the above mentioned facts and circumstances, it is very clear that a false and fabricated report has been issued by the opposite party clearly neglecting its responsibility and duty against the complainant and his ailing son and because of the negligent act and forged report of the opposite party, the complainant has faced a very traumatic situations running from one hospital to another spending huge money. In fact, the professional conduct of the opposite party shows that it is playing with the lives of patients by issuing forged and fabricated reports which is just opposite to its claim of being one of the topmost pathology in Delhi and N.C.R.
11. That on examination of the test report issued by the opposite party to the complainant, it was the general and medical perception that the concerned patient will not survive any longer and can not be cured totally. The whole family of the complainant was shocked to hear this medical condition and rushed to Delhi from Gonda, U.P.
12. That it is the daughter of the complainant, a student of M.M.B.S. who applied her knowledge and vision in the critical case of her brother and saved his life by not believing the forged test report issued by the opposite party. Had this family been ignorant of medical knowledge and understanding, the patient must have died due to wrong treatment on the basis of false test report.
13. That no one can imagine the mental and physical sufferings and torture of the complainant and his family members because of the false inventory report of Vasculitis by the opposite party. The copy of medical prescriptions and tests conducted by reputed private hospitals after considering this report are annexed herewith.
14. That when the complainant contacted the appointed person of the opposite party regarding this matter, he was abruptly replied that if he had any problem, he could go to the court. The opposite party claim to be the premier pathology in Delhi and NCR. However the issuance of false and forged test report of complainant’s son by the opposite party shows that it is a serious case of negligence, deficiency in professional service and the dereliction of duty on the part of the opposite party, due to which the complainant suffered heavily in terms of financial loss and injury along with mental agony and physical harassment.
15. That finding no other alternative, the complainant served the opposite party a Legal Notice through his counsel on 31.01.2014 vide registered post asking it to pay him a sum of Rs. 9,50,000 (Nine Lakhs Fifty Thousand only) but the opposite party had not replied to the Legal Notice which calls for an adverse inference to be drawn against opposite party. The copy of the legal notice and postal receipt as proof of service are annexed herewith.
16. That the complainant has suffered heavy financial loss and injury along with mental agony and physical harassment from the opposite party for which the complainant claims damages amounting to Rs. 9,50,000 (Nine Lakhs Fifty Thousand only) along with litigation expenses.
PRAYER
In view of the above facts and circumstances it is therefore most respectfully prayed that the Hon’ble Forum may direct the opposite party by its Final Order/ Award to pay damages amounting to Rs. 9,50,000 (Nine Lakhs Fifty Thousand only) for the loss and injury alongwith mental agony , torture and physical sufferings caused to the complainant due to negligence , deficiency, forgery and dereliction of duty on the part of the opposite party.
Any other relief / relieves which this Hon’ble Forum may deem fit and proper under the circumstances of the case may be passed in favour of the complainant and against the opposite party.
Litigation expenses may be awarded to the complainant.
Complainant
Through ( Chandra Mouli Dubey)
Avinash N. Sharma
Advocate
Chamber No. 671, Patiala House Courts,
New Delh-110001.
Delhi
Dated: .2014
BEFOR THE CONSUMER DISPUTES REDRESSAL FORUM
I.T.O. , NEW DELHI
COMPLAINT NO. OF 2014
IN THE MATTER OF :
Mr. Chandra Mouli Dubey ……..Complainant
Versus
M/s. Dr. Lal Path Labs Pvt. Ltd. …….. Opposite Party
AFFIDAVIT
I, Mr. Chandra Mouli Dubey aged about 46 ,S/o. Sh. Birj Raj Dubey R/o House No.631, Jail Road, Civil Lines , Distt. Gonda (U.P.), presently at Delhi do hereby solemnly affirm and declare as under:-
1. That I am the complainant in the said complaint filed U/s 12 of the Consumer Protection Act, 1986 and am well conversant with the facts and circumstances of the case and am competent to swear this affidavit.
2. That accompanying complaint has been drafted by my counsel under my instructions and contents of the same have been explained to me in vernacular and understood by me and the same are not being repeated herein for the same of brevity and may be read as part and parcel of this affidavit.
3. This is my true and correct statement.
DEPONENT
VERIFICATION
Verified at New Delhi on this day of , 2014 , that the contents of my above affidavit are true and correct to the best of my knowledge and belief and nothing material has been concealed therefrom.
DEPONENT
BEFOR THE CONSUMER DISPUTES REDRESSAL FORUM
I.T.O. , NEW DELHI
COMPLAINT NO. OF 2014
IN THE MATTER OF :
Mr. Chandra Mouli Dubey ……..Complainant
Versus
M/s. Dr. Lal Path Labs Pvt. Ltd. …….. Opposite Party
LIST OF DOCUMENTS FILED BY COMPLAINANT
SL.NO. PARTICULARS PAGES
1. Photo I.D of the Complainant
2. The copy of Discharge Summary
from G.B. Pant Hospital, New Delhi
3. Copy of the receipt of Rs. 3830/- dated 28.09.2013
bearing No.24579
4. The copy of the final Test Report dated 28.09.2013
Bearing Lab No. 101362022
5. The copy of different tests , prescriptions and
reports of MeDanta Centre and other hospitals
6. The copy of the Receipt of Rs.3830 dated 23.10.2013
bearing No. 11249
7. The copy of the second final Test Report
dated 23.10.2013 bearing Lab No. 205246964
8. The Letter addressed to AIIMS dated 23.10.2013
9. The legal notice and postal receipt dated 31.01.2014
Complainant
Through
Avinash N. Sharma
Advocate
Chamber No. 689, Patiala House Courts,
New Delh-110001.
Delhi
Dated: .2014
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