MADHYAMGRAM CONSUMERS WELFARE SOCIETY Vs. KALYAN KUMAR CHATTERJEE

JUDGEMENT

(1.) 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.

(2.) 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.

(3.) 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.