4. Notice sent to OP through RPAD which was duly served on OP. OP was absent on the date of appearance. Hence OP placed exparte.
5. Complainant adduced affidavit evidence along with certificate U/S 65 B of Indian Evidence Act. Complainant reiterated as stated in his complaint. She also filed 11 documents in support of her affidavit evidence. Heard arguments of counsel of complainant. Perused the materials on record.
6. On the basis of above pleadings for our consideration are as follows:-
i) Whether the complainant has proved the deficiency of service on the part of OP?
ii) Whether complainant is entitled for the relief?
iii) What order?
7. Our answers to the above points are as follows:-
Point No.1:- In the affirmative
Point No.2:- Partly affirmative
Point No.3:- As per the final order
REASONS
8. Point No.1:- Upon perusal of documents placed by complainant in the complaint, complainant has booked for the service on testing RTPCR for her son on OP website by paying Rs.750/- towards test and its report on 26.12.2021, is at Doc.No.3. As stated in the complaint, complainant’s son was travelling to U.S and he had his flight at 1.30 a.m on 27.12.2021 from Bangalore Airport is also evidenting through Doc.No.1. That was the time of Covid-19, RTPCR report was mandatory before boarding to their flight. Hence complainant booked the same as it is very urgent. After the booking with OP hospital and the diagnostic centre of OP as sent confirmation of sample collection for the RTPCR test at 6.30 a.m on 26.12.2021. The official of diagnostic centre has sent confirmation through whatsap stating the same, which is at Doc.No.2. As per the schedule given by OP, the executive representative of OP has visited complainant residence at Uttarahalli, Bangalore and collected a swap for RTPCR test. At the same time they assured the test report will be provided before 6’O clock in the evening without fail, they also stated if in case the report will not provided, the amount will be refunded as stated in the complaint by complainant. When the complainant called OP for not provided the report by 6 p.m, employees of OP assured that test process was completed already, they stated only the uploading part is pending, the same will be provided by 10 p.m without fail. Believing the words of OP, complainant and her son left home towards Airport as he has his flight scheduled at 1.30 a.m. Complainant stated that even after reaching Airport regularly contacting OP for the report, OP did not answer the call made by the complainant and her son brought into panic situation. Later her son underwent RTPCR test at Airport again in 11th hour. He paid Rs.3,000/- towards the test and its report at Airport which is evidenting in Doc.No.4.
9. It shows the documents placed before the commission and pleadings of complainant in the present case, proved the allegations against the OP. OP provided and the report of the test at 4.07 a.m on 27.12.2021 which is Doc.No.6. It shows, OP unable to upload the report of RTPCR pertains to the complainant’s son is only after his departure from Airport. When the Government has given guidelines to the domestic and international travelers to get the RTPCR done well within 24 hours, it was mandatory for the passengers to board the flights. In such situation complainant and her son might have undergone mental trauma by believing the words of OP, they reached the Airport. Without the report it was very bad condition to face the required documents before Airport authority is really panic one. It obiviously the deficiency of service on the part of OP even after collecting money of Rs.750/- towards the test and its report, OP did not provided the required RTPCR report well within the time and also neglected to respond to the complainant and her son when he is about to board the flight.
10. After getting RTPCR report on Airport complainant’s son boarded and travelled to U.S. After his departure, the OP uploaded the report in their website, is of no use. Complainant brought the issue to the notice of OP and also requested to refund the amount which they have paid towards the test and its report in Doc.No.7. Pursuant to the E-mail by complainant, OP replied and apologise for the inconvenience caused to them. But OP did not refund the amount they paid and also the money of Rs.3,000/- incurred at the same test done at Airport to the complainant. Therefore complainant issued legal notice to the OP hospital for refund of Rs.3,750/- along with Rs.50,000/- towards compensation for the mental agony under went by her and her son. The legal notice duly served on OP. Even though OP did not come forward to pay the claim amount or for any kind of amicable settlement with complainant. Hence complainant approached this commission for seeking relief for the amount they paid and the compensation for the mental sufferings they underwent. In our considered view, OP caused deficiency of service in not providing RTPCR test and report in time even though they collected Rs.750/-. OP made them to incur additional Rs.3,000/- burden to complainant and her son for getting the same test at Airport, that too at 11th hour is unfair and unjust. The documents placed before the commission by complainant are unchallenged due to the OP neither appeared before the commission nor complied the claim of the complainant before approaching the commission. Hence on the above discussions we answer Point No.1 in affirmative.
11. Point No.2:- Since complainant has paid Rs.750/-, OP did not provide the test report well within the time and he made the complainant to incur additional charges of Rs.3,000/- at Airport. Hence OP has to compensate the same. Complainant is entitled to get Rs.3,750/- towards the money incurred for test and its report. She is also entitled for the compensation of Rs.6,000/- towards the mental agony, inconvenience and deficiency of service on the part of OP. Complainant is also entitled for Rs.5,000/- towards cost of litigation. For the foregoing reasons we answer Point No.2 in partly affirmative.
12. Point No.3:- In view of the discussion referred above, we proceed to pass the following:-
ORDER
- Complaint filed by complainant, is partly allowed.
- OP shall pay Rs.3,750/- towards the amount paid for examination of RTPCR and its report with interest @ 8% p.a from 27.12.2021 till realization.
- OP further directed to pay Rs.6,000/- towards compensation and Rs.5,000/- towards cost of litigation within 30 days from the date of order, failing which OP shall pay interest on above Award amount at the rate of 10% per annum from 26.12.2021 till realization.
(Dictated to the Stenographer, got it transcribed and corrected, pronounced in the Open Commission on this 9th day of JUNE, 2023)
