C.V. Nagaraj, Member, Mysore Grahakara Parishat writes
In a recent decision (given on 22/1/09 in Appeal No. 1405/2008), Karnataka State Consumer Commission has upheld the decision of the Mysore District Consumer Forum ordering Thyrocare Technologies, Mandi Mohalla to compensate Gerald Barbaoza of Gokulam for providing incorrect test results.
Gerald Barboza and his wife had gone to Thyrocare for checking their cholesterol and triglyceride levels. The test results given by Thyrocare showed higher than normal values. Barboza and his wife who are very health-conscious immediately underwent treatment. At the end of the treatment, they again went to Thyrocare for blood tests. The results still showed very high values. Shocked by this finding, they went to another diagnostic laboratory whose results showed that cholesterol and triglyceride levels were only borderline high. To settle the matter, they went to still another laboratory whose results agreed with the second laboratory but disagreed with Thyrocare. Alleging that Thyrocare gave incorrect results as a result of which they had to undergo expensive but unnecessary treatment, Barboza filed a complaint with the District Consumer Forum.
During the hearings, Thyrocare argued that it only collects blood samples which are analyzed by a laboratory in Mumbai and so it can not be held liable. The Forum did not agree with this contention. The Forum said that seeing such high values for cholesterol and triglycerides, the complainant or any other person in his place would have suffered shock and anxiety. Referring to the claims of Thyrocare that the testing laboratory has numerous accreditations and the latest machines, the Forum said accredition does not mitigate the deficiency caused by it in giving such inaccurate test reports. The laboratory may be equipped with highly sophisticated machines, but when those machines do not indicate accurate reports and when Thyrocare endorses such inaccurate test reports, it would be liable for deficiency in service, the Forum said. The Forum ordered Thyrocare to pay damages of Rs.8,000 to the complainants within 60 days from the date of its order, failing which it shall pay interest at 9% p.a. from the date of the order till the date of payment. It also ordered Thyrocare to pay the complainants Rs. 500 as costs.
Thyrocare appealed against this order before the State Commission. The appeal was dismissed.
In a recent decision (given on 22/1/09 in Appeal No. 1405/2008), Karnataka State Consumer Commission has upheld the decision of the Mysore District Consumer Forum ordering Thyrocare Technologies, Mandi Mohalla to compensate Gerald Barbaoza of Gokulam for providing incorrect test results.
Gerald Barboza and his wife had gone to Thyrocare for checking their cholesterol and triglyceride levels. The test results given by Thyrocare showed higher than normal values. Barboza and his wife who are very health-conscious immediately underwent treatment. At the end of the treatment, they again went to Thyrocare for blood tests. The results still showed very high values. Shocked by this finding, they went to another diagnostic laboratory whose results showed that cholesterol and triglyceride levels were only borderline high. To settle the matter, they went to still another laboratory whose results agreed with the second laboratory but disagreed with Thyrocare. Alleging that Thyrocare gave incorrect results as a result of which they had to undergo expensive but unnecessary treatment, Barboza filed a complaint with the District Consumer Forum.
During the hearings, Thyrocare argued that it only collects blood samples which are analyzed by a laboratory in Mumbai and so it can not be held liable. The Forum did not agree with this contention. The Forum said that seeing such high values for cholesterol and triglycerides, the complainant or any other person in his place would have suffered shock and anxiety. Referring to the claims of Thyrocare that the testing laboratory has numerous accreditations and the latest machines, the Forum said accredition does not mitigate the deficiency caused by it in giving such inaccurate test reports. The laboratory may be equipped with highly sophisticated machines, but when those machines do not indicate accurate reports and when Thyrocare endorses such inaccurate test reports, it would be liable for deficiency in service, the Forum said. The Forum ordered Thyrocare to pay damages of Rs.8,000 to the complainants within 60 days from the date of its order, failing which it shall pay interest at 9% p.a. from the date of the order till the date of payment. It also ordered Thyrocare to pay the complainants Rs. 500 as costs.
Thyrocare appealed against this order before the State Commission. The appeal was dismissed.