PRESENT

                   Complainant by Advocate Shri.Anup Sharma  

                    Opponent Absent.                 

ORDER

(Per- Mr. S. D. MADAKE, Hon’ble President

1.The Complainant was admitted in the hospital during 02.12.2009 for treatment under supervision of Dr. . The opposite party issued bill, for treatment adding amount of Rs.74/- as hospital to complainant , She was not liable to pay the said the bill was paid under protest, as opposite party did not allow to leave hospital unless amount towards hospital share waspaid.

2.The Complainant sent legal notice on 31.08.2010 to opposite party and requested for refund of Rs.74/- As there was no response from again sent notice on 19.10.2010 for refund of she is subjected to loss due to false claim of amount and therefore she prayed for direction for refundamount of Rs.74,000/- with well as claimed compensation of Rs.25,000/- for mental agony and cost of Rs.10,000/-

3.She filed separate delay application application was heard on the basis of application and say of opposite party filed on 10.07.2012.The delay was condoned by passing order on 18.03.2013.The complaint was admitted on 09.04.2013. The Complainant filed affidavit of filed written argument and argued orally on 19.10.2016. The say filed on 10.02.2012 on delay application shows that opposite party denied all allegations made in this no order of hearing without Written Statement was passed.

4.The opposite party alleged that complaint is frivolous and vexatious which is filed for the purpose of extorting is contended that complainant initially was admitted in the hospital in June 2009 and later on in Dec-2009.The bill of treatment taken in Dec-2009 was of Rs 3/-(Three thousand seven hundred five only) The Complainant had taken insurance cover and entire amount of the bill was settled by Third Party Administrator.

5.The Opposite party alleged that “Hospital Share” includes expenses incurred by the hospital for providing treatment to a patient in terms of stay in hospital ward and intensive cardiac care etc . It is alleged that opposite party of Rs.30,000/- and also discount on stent of Rs.15,000/- to complainant.

6.We have perused all the documents filed on Complainant was admitted for Acute myocardial the amount of bill was paid as per Insurance opposite party explained in detail about the charges towards hospital do not find any fault on the part of opposite opposite party hospital is run by a charitable trust managed by BRAHMA Hospital and RESEARCH CENTRE. The Complainant was treated in the hospital earlier in June 2009 under supervision of . We find no substance in the allegations in the is any deficiency in service on the part of opposite party.

7.The Complainant has not proved that opposite party was insisting for payment and not discharging the complainant from hospital until amount towards hospital share was allegations regarding adoption of trade practice by opposite party are without any basis.

8.The Complainant is not entitle for the said amount as well as compensation for mental agony and found that opposite party guilty of an omission or breach of the other hand the record shows that proper treatment was given and discount of Rs.15,000/- was given to complainant and said amount was paid to her deposit of Rs.30,000/-

10.In the result, pass the following order.

                                     ORDER

1.       RBT  Consumer Complaint No. 194/2012  is dismissed.

2.        No orders as to cost.

3.        Copy of this order be sent to both parties.