M.THANIKACHALAM J. - (1.) The opposite party is the appellant.
(2.) The complainant/ respondent, approached the opposite party, who is an authorized certified, with Ministry of Health, Malaysia, for issue of medical report, since he got an employment in Malaysia. The opposite party collecting a sum of Rs.2000/-, taking tests, including x-ray, certified that the complainant is not suffering with any infirmity, including tuberculosis. Based upon the medical report, the complainant obtained visa, gone to Malaysia, joined in the employment of MSK Model Enterprises, Kualalumpur, where he was working for 4 months.
(3.) The employer at Malaysia sent the complainant for medical test, to FOMEMA, Kualalumpur on 11.12.2005, who had conducted all the tests, including taking of x-ray, which revealed that the complainant was having features of old PTB, though there is no active lesion, which was accepted by the Ministry of Health of Malaysia, on which basis, the complainant was declared unfit for work, thereby he was compelled to return to India, spending heavy amount. Because of the deficiency committed by the opposite party, or wrong medical report issued by the opposite party, the complainant was compelled to spend more than Rs.1,30,000/-, and issuance of such report should be construed as negligence, amounting to deficiency also, which had caused not only monetary loss, but also mental agony to the complainant, for which he is entitled to a sum of Rs.5 lakhs as compensation. Thus a consumer complaint was laid before the District Forum, Chennai (South).;