National Consumer Disputes Redressal
Neetu Khemka vs Dr. Lal Path Labs Pvt. Ltd. on 14 February, 2023
NATIONAL CONSUMER DISPUTES REDRESSAL COMMISSION NEW DELHI REVISION PETITION NO. 190 OF 2017 (Against the Order dated 26/09/2016 in Appeal No. 86/2015 of the State Commission Haryana) 1. NEETU KHEMKA W/O. SHRI PANKAJ KHEMKA, SHOP NO. 125, NEW MANDI, SIRSA HARYANA ...........Petitioner(s) Versus 1. DR. LAL PATH LABS PVT. LTD. THROUGH DR. ARVIND LAL, CHIEF OF LABORATORY MEDICINE/DR. VANDANA LAL CHIEF OF PATHOLOGY ESKAY HOUSE, 54, HANUMAN ROAD, NEW DELHI-110001 ...........Respondent(s)
BEFORE: HON'BLE DR. S.M. KANTIKAR,PRESIDING MEMBER HON'BLE MR. BINOY KUMAR,MEMBER
For the Petitioner : For the Respondent :
Dated : 14 Feb 2023 ORDER
Appeared at the time of arguments
For the Petitioner : Mr. Avanish Kumar, Advocate
For the Respondent : Mr. Rishi Raj, Advocate
Pronounced on: 14th February, 2023
ORDER
Dr. S.M. KANTIKAR, PRESIDING MEMBER
1. The Revision Petition has been filed under section 21 (b) of the Consumer Protection Act, 1986 by the Petitioner - Neetu Khemka (hereinafter referred to as the 'Complainant') against the impugned Order dated 26.09.2016 passed by Haryana State Consumer Disputes Redressal Commission, Panchkula (hereinafter referred to as the 'State Commission') in First Appeal No. 86/2015, whereby the Appeal filed by the Opposite Parties was allowed and the Order passed by the District Consumer Dispute Redressal Forum, Sirsa (hereinafter referred to as the 'District Forum') in Consumer Complaint No. 146/2008 was set aside and the Complaint was dismissed.
2. The facts in brief are that on 25.08.2007, for the symptoms of jaundice, the Petitioner/Complainant got tested his blood for Hepatitis C Virus (HCV) at Dr. Lal Path Labs Pvt. Ltd.- OP (for short Lal Path). The test report for ANTI HCV IgM was received on 29.08.2007, showed Hepatitis C as 'Reactive', the index value being 0.68 as against the permissible value of 0.34. It was shock to the Complainant and her family members. For second opinion to clear the doubts the Complainant, on the same day went to Dr. Parveen Garg, at Garg Diagnostic Centre, Sirsa and got herself tested again. On 02.09.2007, the test report was 'Negative'. Thereafter, being not satisfied the Complainant again, for the 3rd time got tested HCV at Indraprastha Apollo Hospital, Delhi on 03.09.2007 and the report on next date showed 'Non-Reactive'. The Complainant alleged that due to the wrong report issued by OP, she went through mental harassment and trauma, also spent huge amount of money for getting the treatment, transportation, tests etc. Being aggrieved, the Complainant filed the Consumer Complaint before the District Forum, Sirsa.
3. The District Forum allowed the Complaint and directed the OP to pay Rs. 2,00,000/- to the complainant, within a period of 15 days from the date of receipt of copy of this order, otherwise with interest @10% per annum, from the date of blood test dated 25.08.2007, till payment.
4. Being aggrieved, the OP filed the First Appeal before the State Commission, which was allowed and set aside the Order passed by the District Forum with the following observation:
"17. In view of the report of Indraprastha Apollo Hospitals, Delhi and the medical literature, there is nothing on the record to suggest that there was any negligence in giving report by the opposite parties. Therefore, in absence of any cogent and convincing evidence it cannot be said that there was any negligence on the part of the opposite parties-appellants.
18. Hence, the appeal is allowed, the impugned order is set aside and the complaint is dismissed.
......."
5. Being aggrieved, the Complainant filed the instant Revision Petition.
6. Heard the learned Counsel for both the sides. Perused the material on record inter alia the orders of both the fora below.
7. We gave our thoughtful consideration to the arguments. The main grouse of the Complainant is that the report issued by the OP was not correct, therefore the Complainant and her family suffered financial loss, mental pain and agony.
8. The OP laboratory has a policy that 'any patient who is not satisfied or alarmed by the test report, is free to speak to Customer Care Manager or the Doctor concerned to get his doubts cleared'. It is also printed on the test report, which reads as under:
"If the result(s) of the test(s) is alarming or unexpected, the patient is advised to contact the Laboratory immediately for possible remedial advice".
9. Adverting to the merit in the instant case, the Complainant tested his blood in Indraprastha Apollo Hospital which showed Hepatitis C 'non-reactive'. The report also highlighted its remark about the limitations of the test, it is reproduced as below:
"REMARKS: THE ELISA / ELIFA TEST CARRIED OUT IS A SCREENING TEST. CLINICAL CORRELATION AND CORRELATION WITH OTHER SEROLOGICAL PARAMETERS AND CONFIRMATORY TESTS ARE REQUIRED BEFORE ARRIVING AT ANY CONCLUSION. PRESENCE OF NON SPECIFIC INTERFERING SUBSTANCES TO BE KEPT IN MIND.
(emphasis supplied)
10. The Complainant finally got tested from other two laboratories. He was treated for jaundice at Apollo Hospital from 03.09.2007 and discharged on 05.09.2007. The discharge summary clearly stated the diagnosis as Acute Hepatitis (HAV related) and Rheumatoid Arthritis.
11. From the medical literature on Hepatitis, the false positive test results are possible. It is also known that:
• In as many as 1 in 4 people, the HCV goes away without treatment. But even after this "natural clearance," the HCV antibodies will always be in your blood.
• The test may mistake HCV antibodies for those for lupus, rheumatoid arthritis, and other conditions.
• Babies born to mothers with HEP C probably have HCV antibodies. But most newborns aren't actually infected.
Therefore, if your antibody test is positive, you'll need to have a different kind of test.
12. According to WHO literature, the new HCV infections are usually asymptomatic; few people are diagnosed when the infection is recent. In those people who go on to develop chronic HCV infection, the infection is often undiagnosed because it remains asymptomatic until decades after infection when symptoms develop secondary to serious liver damage. The HCV infection is diagnosed in 2 steps:
1. Testing for anti-HCV antibodies with a serological test identifies people who have been infected with the virus.
2. If the test is positive for anti-HCV antibodies, a nucleic acid test for HCV ribonucleic acid (RNA) is needed to confirm chronic infection and the need for treatment. This test is important because about 30% of people infected with HCV spontaneously clear the infection by a strong immune response without the need for treatment. Although no longer infected, they will still test positive for anti-HCV antibodies. This nucleic acid for HCV RNA can either be done in a lab or using a simple point-of-care machine in the clinic.
13. Admittedly the Complainant was diagnosed at Apollo Hospital as Rhematoid Arthritis with Acute Hepatitis. It is known that the Rheumatoid Arthritis patients show cross reactivity and give false positive results during screening of HCV. The test was conducted without deviation of standard procedure. It should be borne in mind that the test reports are to be interpreted by the referring doctor or consultant, not by the patient or his attenders. In the instant case the Complainant interpreted the test result. The Complainant failed to produce opinion from his referring doctor Dr. M.M. Talwar or any expert to prove his case. Thus, neither deficiency nor failure of duty of care was attributed to the OP.
14. Based on the discussion above, we do not find any material irregularity and jurisdictional error in the Order passed by the Fora below warranting our interference u/s 21(b) of the Act. The impugned Order dated 26.09.2016 passed by the State Commission is upheld. The Revision Petition is dismissed.
Keeping in view the facts and circumstances of the present case, there shall be no order as to costs.
...................... DR. S.M. KANTIKAR PRESIDING MEMBER ...................... BINOY KUMAR MEMBER