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To file case against medical agency for making me unfit

(Querist) 27 January 2018 This query is : Resolved 
Dear Sir, I am from Palakkad, Kerala. I got a job in Kuwait and as per Kuwait rule I need to undergo medical test assigned by their agency (Khadamat). So I went to Khadamat I gone to one of the local Medical clinic (Medivision) in cochin, Kerala. But after the test, I was declared unfit by Medivision Clinic and khadamat (Authorized agency for medical test for Kuwait) due to some problem in X-ray (Apical pleural thickening). But same day I done X-ray from one of the reputed hospital in Cochin and Consultant radiologist told I am perfectly fine. He gave me FIT certificate. Immediately I contacted the agency they asked me to do CT test of chest at a hospital chosen by them (Lakshmi hospital on 15/01/2018). In the CT test the problem was not detected and in the report it was mentioned that there is no evidence of Apical pleural thickening.

But they told that in chest CT they noticed heterogeneous lesion in left adrenal (Abdomen area) and so doctor from medivision clinic verbally asked me to do advanced CECT of abdomen from the same hospital which I couldn't do do because of cost and I was afraid that these test can harm my health. Also since only X-ray was required for Kuwait and in CT of chest the problem was cleared I was not ready to do more test. I even told them that I will do the test from outside but they refused and issued UNFIT certificate.

All these tests are costly and I am sure that they are asking me to do all these test for getting more commission and at the end they can declare me unfit too. I requested them to give FIT certificate but they refused. Also they didn't return original visa as I am declared unfit. Due to unfit certificate I cannot travel to Kuwait for the next 6 months.

Now since they told me a problem, I done Advanced CECT test at my place (Palakkad, Kerala) in a reputed hospital and found all clear. So they issued me FIT certificate. I have all copies of test results with me.

I want to know whether I can move legally against Medivision clinic and Khadamat agency for loosing my job? Also they are doing same for so many candidates like me. So I want to make sure that they should be punished for it and don't repeat it in future. I request urgent help in this matter. I am ready to meet any advocate in Cochin for further discussion.


With Best Regards,

Sunil

ashok kumar singh (Expert) 27 January 2018
you can place your grievances before the District Consumer Disputes Redressal Forum, at your District under Section 12 of the Consumer Protection Act' 1986, in which you put your claim, compensation and litigation cost. it's expedite measure to compensate yourself.

consult any Learned advocate at your locale.
SUNIL GEORGE (Querist) 28 January 2018
Thank you so much sir for your prompt and valuable reply.
Dr J C Vashista (Expert) 29 January 2018
Be brief and precise in your query or consult a local lawyer.
Susmita (Expert) 29 January 2018
As advised by Mr. Ashok Ku. Singh Advocate, Do the needful. Online consumer complaint also there. Lodge the complain too.
adv.bharat @ PUNE (Expert) 25 May 2018
Dear you can consult local counsel and give your claim, compensation and damages.


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