DISHARI HEALTH POINT Vs. DOYOJAN BIBI

JUDGEMENT

(1.) This Revision Petition has been filed under Sec. 58 (1)(b) of the Consumer Protection Act, 2019 (the "Act") against impugned Order dtd. 26/9/2022, passed by the State Consumer Disputes Redressal Commission, West Bengal ('State Commission') in First Appeal No. 43 of 202. In the impugned Order, the State Commission allowed the complaint and modified the decision of the District Consumer Disputes Redressal Forum, Malda ('hereinafter District Forum') dtd. 23/11/2021 in CC No. 35/2018.

(2.) For convenience, the parties are referred to as placed in the original Complaint filed before the District Forum. The Petitioners, Dishari Health Point and Dr. Krishendu Das are referred as OP-1 & 2 respectively. While the Respondents, Mrs. Doyajan Bibi; Chief Medical Officer of Health Office, Carmichael Hospital for Tropical Disease; and National Institute of Mental & Neuro Science are referred to as the complainant, OP-3, OP-4, and OP-5 respectively.

(3.) Brief facts of the case, as per the complaint, are that she was admitted at OP-1 Nursing Home on 26/11/2017, for treatment of fever and weakness. Dr. Sharma, purporting to be the proprietor, assured her and her husband of the facility's high standards asserting that it provided best medical care in the state, equipped with high-quality equipment and globally renowned pathologists. Upon admission, numerous tests were conducted at considerable expense. Later OP-1 hospital demanded her immediate discharge alleging that she was HIV positive and necessitated relocation for safety reasons. When her husband sought details of the tests and the diagnosing doctor, they refused to provide any information. She and her husband were coerced to sign on some blank papers. The discharge summary and HIV report, signed by OP-2 indicated that she had AIDS. Distressed by this diagnosis, she was went to Carmichael Hospital for Tropical Diseases (OP-4) in Kolkata, where further tests on 27/11/2017 confirmed that she was not HIV positive. Subsequently, she was treated for fever and other symptoms. It is the complainant's case that due to the negligence of OP-1, she suffered severe distress and lost her mental balance, necessitating treatment at the National Institute of Mental Health and Neuroscience (OP-5) at Bangalore. Thus, she sought compensation of Rs.15,00,000.00 for treatment costs and Rs.3,00,000.00 for harassment and mental agony and costs.