Decided on November 11,2008

P.Bhopal Reddy Appellant
Alekya Diagnostic Centre Respondents


M.SHREESHA,MEMBER - (1.) AGGRIEVED by the order in C.D. No.701/2002 on the file of District Forum -l, Hyderabad, the complainant preferred this appeal. The brief facts as set out in the complaint are that the complainant, who when he was an in -patient for severe stomach pain in Gandhi Hospital, Secunderabad on the advice of duty doctor he was advised to undergo complete blood report and other tests including HIV I, etc. After thorough examination, opposite party gave report stating that blood for HIV I and II are positive and blood for HBs Ag as negative. The complainant submitted that he went to Osmania for treatment but the hospital authorities refused to treat AIDS patient and therefore he approached Remedy Hospital, which is a Super Specialty hospital for further complete examination where he was thoroughly examined and declared that he was not suffering from AIDS. The complainant submitted that he spent Rs.45,000 towards hospital expenditure and medicines because of the wrong report, for which opposite party was responsible and liable to pay the same together with compensation for the mental agony suffered. Hence the complaint for a direction to the opposite party to pay Rs.45,000 towards expenditure, Rs.2 lakh towards compensation and Rs.3,000 towards costs.
(2.) OPPOSITE party filed counter and contended that the complainant failed to furnish the in -patient number and name of the doctor, who advised for blood examination and submitted that if it is the direction from Gandhi Hospital, the attendant of the hospital will bring the sample in a sterilized bottle but in this case, the blood was brought by the attendant of the complainant. Opposite party conducted the test and found HIV I and II positive and HBs Ag report negative and submitted that they strictly followed the procedure of investigation of HIV I and II and further any report regarding HIV positive should be confirmed by Western Blot test to confirm that it is AIDS. Opposite party submitted that the complainant hurriedly went to some other hospital and got his blood tested again and opposite party charged Rs.250 for investigation of HIV, etc. but the complainant claimed that he spent Rs.45,000. They also stated that the complainants submission that he was refused admission in Osmania Hospital is unbelievable and submitted that the complainant might have managed Remedy Hospital authorities to get such a report and filed a fabricated document. They further submitted that they have got a kit for finding HIV I and II which is recognized instrument and that there is no fault in the process undertaken by the technician of opposite party and further submitted that if HIV I and II is positive, it does not mean that the patient is suffering from AIDS. However submitted that this test is subject to the final confirmation by Western Blot test and prayed for dismissal of the complaint.
(3.) THE District Forum based on the evidence adduced i.e. Exs.A11 to A18 and B1 to B3 dismissed the complaint. Aggrieved by the said order, the complainant preferred this appeal.;

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