BENGALURU: The Consumer Commission directed Haryana-based CelluGen Biotech Private Limited to pay total compensation of Rs 2.30 lakh along with a refund of Rs 43,000 with 9 per cent interest pa to a 34-year-old woman, who is a resident of Bilekahalli for the loss of stem cells from the umbilical cord due to non-collection on time, as per the agreement.
The commission said that the opposite parties--Mycord, Cellugen Biotech Private Limited and its directors--did not collect the stem cells of the complainant. The complainant waited till 11pm on December 18, 2019, and the stem cells were dead after 14 hours of delivery, which disappointed the complainant.
“We consider that the complainant is also entitled to damages of Rs 2,00,000,” the commission said. The commission comprising president K Shivarama and members KS Raju and Rekha Sayannavar said the complainant is also entitled to Rs 20,000 compensation for the mental agony she suffered and the financial hardship she had to go through, and Rs 10,000 towards litigation charges. Despite notices being served, the opposite parties remained absent.
The relationship manager of Mycord visited the house of the complainant with her colleague and explained the stem cells preservative methods, advantages, disadvantages and its scientific and medical uses in the treatment, in case a member of the family is affected by any health disorder or cancer in future when the stem cells would be used to fight cancer. They assured that the stem cells of the complainant’s baby shall be preserved for 99 years, and claimed Rs 50,000.
The commission observed that the opposite parties after receiving the payment have not collected the stem cells and demanded an extra Rs 20,000 for the collection of stem cells of the baby as service charges. It shows their malintention to make unlawful gains and it attracts unfair trade practice as enumerated under Section 2 (47), deficiency of service under Section 2 (11) of the Consumer Protection Act 2019, the commission said.
Rs 43,000 refund with 9 per cent interest
Rs 20,000 compensation for the mental agony she suffered and the financial hardship she had to go through