District Consumer Disputes Redressal Commission ,Faridabad.
Consumer Complaint No.217/2021.
Date of Institution: 013.04.2021.
Date of Order: 19.9.2022.
Rakesh Kumar S/o Shri Harish Chand R/o House No. 122, Ward No.8, Bania Wara, Ballabgarh – 121004, Distt. Faridabad (Haryana).
…….Complainant……..
Versus
Asian Institute of Medical Sciences, Badkal flyover road, Sector-21A, Faridabad – 121001, Haryana through its Director/Manager on duty.
…Opposite party……
Complaint under section-12 of Consumer Protection Act, 1986
Now amended Section 34 of Consumer protection Act 2019.
BEFORE: Amit Arora……………..President
Mukesh Sharma…………Member.
Indira Bhadana…………Member.
PRESENT: Sh. Nikhil Gupta, counsel for the complainant.
Sh. Nitin Kumar Chahar, counsel for opposite party.
ORDER:
The facts in brief of the complaint are that the complainant visited Asian Institute of Medical Sciences on June 13th 2020 The opposite party forced the complainant to deposit Rs.1,20,000/- even having cashless mediclaim policy before admission in hospital The opposite party generated bill of Rs.72,267/- (5 days spent & treatment in hospital) & sent to mediclaim company for approval. Out of which rs.50,830/- was payable by mediclaim company & balance amount Rs.21,437/- to be deducted from advance deposited by the complainant. The complainant asked billing section of opposite party to return advance deposited amount of Rs.1,20,000/- but the opposite party told to collect cheque of only Rs.8,613/-. When the complainant asked about breakup of Rs.1,20,000/- then opposite party gave the breakup as follows:-
a) Rs.40,000/- for PPE kit issued from third party ANMP pharma Pvt. Ltd. Without giving any detail.
b. Rs.50,000/- for General Surgery – miscellaneous charges without giving any detail.
c. Rs.30,000/- as security amount out of which opposite party was deducting Rs.21,437/- & was ready to give cheque of Rs.8,613/-..
The opposite party made fake bill of Rs.40,000/- & Rs.50,000/- and not shared with mediclaim company as no PPE kit was given to the complainant & no extra item was given to the complainant (said as General surgery -miscellaneous charges by opposite party) as everything was covered in bill of Rs.72,267/- (shared to mediclaim company). The complainant asked once again with the opposite party to give detail of Rs.40,000/- & Rs.50,000/- then opposite party replied that these were the compulsory charges for 5 days. The complainant asked many times to the opposite parties to refund the balance advance amount deposited , but the opposite party was not ready to provide him correct refund. The aforesaid act of opposite party amounts to deficiency of service and hence the complaint. The complainant has prayed for directions to the opposite party to:
a) refund the balance Rs.90,000/- against the advance deposited by complainant.
b) pay Rs.1,00,000/- as compensation for causing mental agony and harassment .
c) any other relief, which this Hon’ble Commission deems fit and proper may also be granted to the complainant.
2. Opposite party put in appearance through counsel and filed written statement wherein Opposite party refuted claim of the complainant and submitted that the complainant was admitted with Covid-19 positive on 13.6.2020 and also submitted mediclaim insurance policy who paid part of the payment as such the present complaint was bad for not impleading insurance company as a necessary party. It was submitted that as per the treatment the total cost was duly mentioned in the bill. Out of the total bill an amount of Rs.50,830/- was paid by the mediclaim company and balance of Rs.21,437/- was paid by the complainant. Opposite party denied rest of the allegations leveled in the complaint and prayed for dismissal of the complaint.
3. The parties led evidence in support of their respective versions.
4. We have heard learned counsel for the parties and have gone through the record on the file.
5. In this case the complaint was filed by the complainant against opposite party– Asian Institute of Medical Sciences with the prayer to: a) refund the balance Rs.90,000/- against the advance deposited by complainant. b) pay Rs.1,00,000/- as compensation for causing mental agony and harassment .c) any other relief, which this Hon’ble Commission deems fit and proper may also be granted to the complainant.
To establish his case the complainant has led in his evidence, Ex.CW1/A – affidavit of Shri Rakesh Kumar Gupta, Ex.C1 – Final Bill Summary, Ex.C-2 – General Surgery service Request,, Ex.C-3 – Discharge summary, Ex.C-4 – Adhaar card.
On the other hand counsel for the opposite party strongly agitated and
opposed. As per the evidence of the opposite party Ex.RW-1/A – affidavit of Shubham Mittal, Asian Institute of Medical Sciences, Badkhal Flyover Road, Sector-21A, Faridabad, Ex.R-1 – Patient Refund Voucher.
6. During the course of arguments, Shri J.S.Bhadana Advocate alongwith Dr. Uma Kanth on behalf of opposite party argued at length and stated at Bar that they are ready to pay the excess money given by the complainant subject to reasonable demand of the complainant. Dr. Uma Kanth also stated at Bar that during the period of COVID-19, the PPE kit was very expensive. The complainant has paid much more amount at the time of COVID-19 as the complainant already knows about the shortage of PPE Kit. During the course of arguments, Dr. Uma Kanth of opposite party has also offered to refund the amount of Rs.20,000/- to the complainant..
On the other hand, counsel for the complainant argued at length and stated at Bar that he is ready to make compromise as the complainant has spent a lot of money at the time of his admission in the hospital during Covid -19 This is the reason that the complainant has filed a complaint before the Commission for refund of an amount of Rs.54,000/-. At the time of arguments, opposite party stated that they are ready to make compromise but the complainant is demanding Rs.40,000/- in lumpsump.
7. Keeping in view of the above, opposite party is ready to refund of the money to the complainant. On the other hand, complainant is also ready to take the amount from the opposite party. In the interest of justice without interfering the merits of the case, the Commission is of the opinion that the complaint is disposed off with the direction to opposite party to pay Rs.30,000/- in lumpsump to the complainant. Compliance of this order be made within 30 days from the date of receipt of copy of this order. Copy of this order be sent to the parties concerned free of costs. File be consigned to the record room.
Announced on: 19.09.2022 (Amit Arora)
President
District Consumer Disputes
Redressal Commission, Faridabad.
(Mukesh Sharma)
Member
District Consumer Disputes
Redressal Commission, Faridabad.
(Indira Bhadana)
Member
District Consumer Disputes
Redressal Commission, Faridabad.
