SAVI AGGARWAL Vs. POONAMJIT KAUR

JUDGEMENT

(1.) THIS appeal has been directed by the complainant against order dated 23.3.2005 passed by District Consumer Disputes Redressal Forum -I, U.T., Chandigarh (for short hereinafter to be referred as District Forum) vide which her application for restoration of the Complaint No. 860 of 2003 (which was dismissed in default) has been dismissed.

(2.) BRIEFLY stated the facts are that Mrs. Savi Aggarwal herself an Advocate, filed a complaint under Section 12 of the Consumer Protection Act, 1986 against the respondents on the allegations, that she was suffering from Thyroid disease and was getting regular treatment from Dr. S.D. Deodhar, M.D., M.A.M.S., Rheumatologist and General Physician, Santokh Nursing Home, 846, Sector 38 -A, Chandigarh. She was advised to get her Haemoglobin checked after every six months. The last time, she got it checked from Medilab (Medical Diagnostic Lab Services) Sector 6 Market, Panchkula on 1.4.2003. As per (Report (C -1), it was found to be 8.3. gm%.

(3.) IT was further averred that she approached respondent on 9.10.2003 for getting Haemoglobin checked, which was tested by their lab and the report indicated the result, "14.0 gm/dl" and the respondents charged Rs. 40 as charges vide report (C -2). However, the report was shown to Dr. S.D. Deodhar who immediately opined that the result shown to him was somewhat shocking as the Haemoglobin of the appellant did not appear to be 14.0 gm/dl and advised her to get it checked from some other lab. She again got checked Haemoglobin from Medilab, Sector 6, Panchkula on 11.10.2003 and the report showed Haemoglobin 8.9 gm % vide report (C -3). Therefore, it was averred that the respondents had checked her Haemoglobin in a careless manner and cheated her by giving inflated report and thus there was deficiency in service. The respondents were asked to compensate her for making wrong report, orally as well as vide legal notice, but of not avail.