P.BHOPAL REDDY Vs. ALEKYA DIAGNOSTIC CENTRE

JUDGEMENT

(1.) AGGRIEVED by the order in C.D. No.701/2002 on the file of District Forum -l, Hyderabad, the complainant preferred this appeal.

(2.) OPPOSITE party filed counter and contended that the complainant failed to furnish the in -patient number and name of the doctor, who advised for blood examination and submitted that if it is the direction from Gandhi Hospital, the attendant of the hospital will bring the sample in a sterilized bottle but in this case, the blood was brought by the attendant of the complainant. Opposite party conducted the test and found HIV I and II positive and HBs Ag report negative and submitted that they strictly followed the procedure of investigation of HIV I and II and further any report regarding HIV positive should be confirmed by Western Blot test to confirm that it is AIDS. Opposite party submitted that the complainant hurriedly went to some other hospital and got his blood tested again and opposite party charged Rs.250 for investigation of HIV, etc. but the complainant claimed that he spent Rs.45,000. They also stated that the complainants submission that he was refused admission in Osmania Hospital is unbelievable and submitted that the complainant might have managed Remedy Hospital authorities to get such a report and filed a fabricated document. They further submitted that they have got a kit for finding HIV I and II which is recognized instrument and that there is no fault in the process undertaken by the technician of opposite party and further submitted that if HIV I and II is positive, it does not mean that the patient is suffering from AIDS. However submitted that this test is subject to the final confirmation by Western Blot test and prayed for dismissal of the complaint.

(3.) THE District Forum based on the evidence adduced i.e. Exs.A11 to A18 and B1 to B3 dismissed the complaint.