SCDRC directs Lal Path Lab to pay Rs 35000/- for unfair trade practices
06/12/2017
Jammu, Dec 5: A Bench consisting of Justice (Retd) Sunil Hali, Ptresident and D.K. Kapoor former Distt. and Sessions Judge, Member J&K Consumer Commission has held Lal Path Lab B.C.Road Jammu guilty of unfair trade practices and ordered Managing Director (Partner) Dr. Lal Path Labs, Eskay House 54 Hanuman Road, New Delhi to pay an amount of Rs. 35, 000/- as compensation to aggrieved consumer, a practicing advocate who was made to pay Rs. 880/- and Rs. 1700/- for the same pathological tests done in the Lab only within one day. The Commission held that that unfair trade practice was performed by the respondents by charging exorbitant rates on their own.
The Commission held that complainant/appellant was admittedly harassed mentally for 3 years and his reputation was intentionally maligned by stating that he has filed the complaint only with a view to minting money. This adds fuel to fire. The Commission issued guidelines for observation by all pathological and other Labs performing tests in their Labs. The Commission held that unilateral revision of the rates in conducting various medical tests in pathological laboratories needs to be guided by some regulations supported by the statute.
The laboratories cannot function in a manner which has direct bearing on public at large. Unilateral revision of the rates for conducting various tests has to be specifically specified and any revision has to be backed up by any regulations issued in terms of any statute. They cannot use the power unilaterally to revise the rates unless it is backed up by some regulations and statute of law.
In case the rules are in force, they have to be implemented strictly and every pathological laboratory is directed to notify the list on the notice board at some conspicuous place in the premises, on regular
occasions. JNF
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