On a complaint filed by Consumer Education and Research Society (CERS)
and Mrs. Dipti Hitesh Shah, the Consumer Disputes Redressal Forum,
Ahmedabad City, found the Pathology and R.I.A. Laboratory of the Green
Cross Voluntary Blood Bank, Ahmedabad, guilty of deficiency in service
involving its “misleading” blood test report.
Mrs. Shah was suffering from a severe abdominal pain. Her sonogram
report showed an ovarian cyst and, therefore, aqualified gynaecologist
advised her to undergo a CA 125 blood test for proper diagnosis. Mrs.
Shah gave her blood sample to the Pathology and R.I.A. Laboratory
on 2 July 2004 and paid Rs.700 as the test fees.
The test report indicated the possibility of ovarian cancer. But
the gynaecologist suspected the veracity of the report and advised
the patient a similar test at another laboratory. She complied with
her advice on 3 July 2004. This was followed by yet another similar
test at yet another laboratory. The last two reports showed the CA
125 level as normal.
Mrs. Shah wrote to the Pathology and R.I.A. Laboratory, demanding
the Rs. 700 fees and a compensation of Rs. 20,000 for the “great
mental distress and pain” suffered by her and her family because
of the laboratory’s alarming test report. She also contacted
CERS which in turn wrote to the laboratory. But as the latter categorically
disowned its liability, the complainants went to the Forum.
Taking exception to the laboratory’s “serious negligence”
and “serious deficiency in service”, the Forum observed
that “the Opposite Party has acted most irresponsibly without
any sense of accountability, inflicting very serious mental and psychological
agony and distress on the complainant by indirectly declaring her
as a cancer patient”.
“Such a negligent and indolent laboratory must pay compensation
which must be exemplary so that (other) laboratories should be careful
while conducting such life-saving tests,” the Forum added.
It directed the laboratory to repay Mrs. Dipti Shah the test fee
of Rs.700 with 9 per cent interest from 2 July 2004 till realisation,
Rs.50,000 towards compensation for her mental agony and Rs.10,000
towards the cost. It also ordered the laboratory to pay Rs. 5000 to
CERS towards the cost.
Date : 06/12/2006
Editor : Pritee Shah
INSIGHT — The Consumer Magazine
Place : Ahmedabad
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