Chandigarh Consumer Commission Holds Atulaya Healthcare Liable For Wrongly Uploading Covid-19 Test Result As Positive

The District Consumer Disputes Redressal Commission, Chandigarh, comprising Mr. Amrinder Singh Sidhu (President) and Mr. B.M. Sharma (Member), held Atulaya Healthcare and its management liable for deficiency in service for wrongly uploading the complainant's Covid-19 test result as “Positive” on the ICMR portal despite issuing a Negative report, causing her mental harassment, social stigma, and disruption of travel plans. Brief Facts of the Case: The complainant, Ms. Rajni Thareja, submitted that she underwent a Covid-19 RT-PCR test at Atulaya Healthcare Laboratory, Chandigarh on 13.12.2020 after paying ₹900, as she was scheduled to travel with her family and a group to Mussoorie. On 14.12.2020, she received a Negative Covid-19 report, which she relied upon for her journey. The complainant stated that on 15.12.2020, while she was already travelling, her husband suddenly began receiving repeated phone calls from the DC Office, Panchkula/Chandigarh informing them that she had been declared Covid-19 Positive by Atulaya Healthcare. This contradictory entry—despite having a Negative report—was shocking, distressing, and completely unexpected. According to the complainant, this wrongful uploading of her result as “Positive” on the ICMR portal caused severe mental harassment, humiliation, and panic. She was isolated by group members, denied hotel accommodation, and prevented from participating in work-related meetings she had planned during the trip, resulting in professional and financial loss. She claimed that this negligent act tarnished her reputation and caused unnecessary fear among fellow travellers and authorities. The complainant alleged gross negligence and deficiency in service on the part of Atulaya Healthcare and its management for failing to ensure accuracy of health records and for causing avoidable suffering. She therefore sought compensation of ₹19,50,000 for the mental agony, physical hardship, social stigma, and financial loss resulting from the erroneous report. Contentions of the Complaint: The complainant argued that the opposite parties acted with clear negligence by uploading incorrect information regarding her Covid-19 status on the ICMR portal, despite issuing her a valid Negative report. She contended that the opposite parties failed to maintain accuracy in sensitive medical data, failed to inform her about the error, and failed to take timely corrective action. According to her, this lapse amounted to a serious deficiency in service, causing her mental harassment, social stigma, disruption of travel, and financial loss. She therefore sought appropriate compensation for the harm and inconvenience caused. Complainant of the Opposite Parties: The opposite parties submitted that the incorrect “Positive” entry on the ICMR portal resulted from an unintended clerical mistake by their staff while uploading data. They contended that the actual test result was Negative and that they acted promptly to rectify the error by informing ICMR. They argued that the mistake was inadvertent, caused no substantial harm, and thus did not amount to deficiency in service. They requested that the complaint be dismissed. Observations and Decision of the Commission: The Commission observed that the opposite parties themselves admitted that the complainant's Covid-19 result—originally Negative—was mistakenly uploaded as Positive on the ICMR portal. However, they failed to produce any documentary proof showing that they had informed ICMR about the error or taken steps to immediately correct the mistaken entry. The Commission further noted that the opposite parties never communicated the mistake to the complainant, leaving her to face the consequences alone. The Commission held that the incorrect uploading of the complainant's Covid-19 status, coupled with the absence of timely corrective action or communication, clearly amounted to deficiency in service. It also recognized that the complainant suffered mental harassment, social embarrassment, isolation during travel, and undue stress due to the negligent act of the opposite parties. Accordingly, the Commission partly allowed the complaint and directed the opposite parties to pay ₹25,000 to the complainant towards compensation for harassment as well as litigation expenses. The amount was ordered to be paid within 45 days, failing which it would carry interest at 9% per annum from the date of filing of the complaint until realization. Case Title: Ms. Rajni Thareja Vs. Atulaya Healthcare And Ors. Case No.: DC/AB1/44/CC/229/2021 Click Here To Read/Download The Order

Chandigarh Consumer Commission Holds Atulaya Healthcare Liable For Wrongly Uploading Covid-19 Test Result As Positive

Praveen Mishra

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