Punjab

Fatehgarh Sahib

RBT/CC/178/2018

Nanak Singh - Complainant(s)

Versus

Chandan Hospital - Opp.Party(s)

In person

20 Jun 2023

ORDER

DISTRICT CONSUMER DISPUTES REDRESSAL

                               COMMISSION

                        FATEHGARH SAHIB.

                                                             

RBT No.	:	CC/178 of 2018
Complaint No.	:	RBT/CC/178/2018
Date of Institution	:	09/02/2018
Date of Decision	:	20/06/2023

 

Nanak Singh son of Sh. Dalip Singh Resident of  Flat #1003 Chief Auditor Society, Sector 50B, Chandigarh-2600047.

                                                                                              …....Complainant                    

                                      Versus

Chandan Hospital through its Prop. Dr. Chandandeep Singh Sandhu, House #891, Phase 7, S.A.S Nagar , Mohali, Punjab-160055                                   

……....... Opposite Party

 

Complaint under Section 12 of Consumer Protection Act 1986(Old)

Quorum

Sh. S.K. Aggarwal, President

Ms. Shivani Bhargava, Member

Sh. Manjit Singh Bhinder, Member

 

Present:  None for   the complainant.

      None for OP.

 

 The  complaint has been filed against the OP (opposite party),  Under Section 12 of Consumer Protection Act-1986(Old) alleging deficiency in service with the prayer for giving direction to the OP  to provide the prescription details, Payment receipts, the details of PRP treatment given step by step, the details of equipment, facilities available with the OP for the PRP treatment as claimed ,  to pay   an amount of Rs.60,000/-  with interest @ 18% P.A , to pay Rs.1,00,000 as compensation  and  Rs.10000/- for litigation expenses.

1.  The brief facts of the complaint are that the complainant visited  the OP on 21/2/2017 for consultation regarding pain in  knee joint alongwith an X-ray report dated 21.4.2016 conducted by an Ortho specialist Doctor. The OP gave assurance to the complainant that he will get major relief  to the knee problem with PRP treatment and charges for the same would be Rs.60,000/-. The  complainant believed the assurance given by the OP that he will not have any knee problem for at least 4 years. The OP informed the complainant that all the details of PRP treatment shall be mentioned in the prescription. The complainant made the payments of Rs.60,000/- through  debit/Credit card . The complainant visited the OP on 21.2.2017, 3.3.2017 and 10.3.2017 and made payments of Rs.30,000/-, Rs.15,000/- and Rs.15,000/- respectively through bank/credit card. On the final visit on 10.3.2017 , the complainant was told by the OP that prescription details and payment receipts were ready  but due to power cut those could not be provided. The complainant waited for three months but there was no relief to his knee problem , rather there was  deterioration. The complainant got himself examined on 13.11.2017 from specialist Doctor of Govt. Multispecialty Hospital , Sector 45 , Chandigarh . The Doctor recommended fresh X-ray and wanted to have details of so called PRP treatment taken by  the complainant. The complainant got a fresh X-Ray and visited the doctor on 15.11.2017  and was told that there was further deterioration of the knee problem. The complainant therefore , requested the OP for providing prescription details/ payment receipt but no reply was furnished by the Ops.  The complainant has  alleged that  the OP gave misleading medical treatment, wrong conduct and behaviour ,  non reply to requests for proving prescription details giving rise to unfair trade practice/ restrictive trade practice. The OP has  falsely represented the medical treatment services give to the complainant.  
2. Notice of the complaint was given to the OP through registered Post, OP appeared through its Counsel  and filed  written version.
3.        The complaint has been contested by the OPs, who filed written version and raised various preliminary objections that the complainant was fully explained in detail regarding Platelet Rich Plasma (PRP)  treatment given to the complainant . The complainant had given consent to receive PRP treatment. Before treatment , the complainant told OP that he had been taking anti pain tablet etc. OP did PRP treatment in the month of March 2017 and there was no complaint upto Nov., 2017 .  The Op has denied that he gave assurance to complainant that he will have no problem for 4 years and thereafter the same treatment is required to be repeated. The OP gave prescription slip and payment receipt. The OP gave treatment to the complainant for first time on 21.2.2017, again on 3.3.2017 and finally on 10.3.2017.  The complainant visited Govt Hospital Sector 45 , Chandigarh on 13.11.2017  and did not have any problem from the month of March 2017 to the month of October 2017 and he was not having any complaint regarding the PRP treatment . The OP has prayed for dismissal of complaint.
4. In support of complaint , Complainant has tendered in evidence his affidavit  EX.CW1/A along with copies of documents  Ex.C1 Passbook, Ex.C2 statement of HDFC Bank Credit Card, Ex.C3 account statement, Ex.C4 prescription slip of Govt. Multi Speciality Hospital, Chandigarh, Ex.C5 prescription slip  ,Ex.C6  Mail/letter dated 17.7.2017, Ex.C7 Gmail by the complainant to OP  ,  Ex.C8 Gmail/letter,  Ex.C9 Payment receipt dated 1.3.2017 ,  Ex.C10 Insurance Policy, Ex.C11 prescription slip  dated 1.7.2016,  Ex.C12 prescription slip  , Ex.C13 letter seeking medical opinion , Ex.C14 details of PRP treateement, Ex.C15 PRP injection Procedure  and closed his evidence.
5. In rebuttal, OP has tendered Ex.OP1/1 affidavit of  Dr. Chandandeep Singh Sandhu  and closed its evidence.
6. Admittedly , the complainant has proved making payment of  Rs.30,000/- to OP on 21.2.2017 from his bank account vide Ex.C1. Further vide Ex.C2 the complainant has proved making payment of Rs.12,000/-  to OP on 3.3.2017 through Bank credit Card. A sum of  Rs.3000/- was also paid by  the complainant to OP vide Ex.2. The complainant also proved making of payment Rs.15,000/- to OP from  Credit Card of Smt. Tejdeep Kaur  vide Ex.C3 . The complainant has proved visit to Govt.  Multispecialty Hospital , Chandigarh on 13.11.2017 for his knee problem vide Ex.C4 and Ex.C5 .  The complainant has proved that he intimated the OP regarding no relief to his knee  and also requested prescription details , bills and receipts of payment made for the treatment by OP vide Ex.C6. The OP has furnished evidence by way of affidavit .
7. The issue raised by the  complainant is that the OP gave assurance to treat his knee problem by a treatment termed “PRP” i.e Platelet Rich Plasma . The complainant paid Rs.60,000/- for this treatment which was given to him from 21.2.2017 to  3.3 2017.   However, the complainant did not get  relief after the treatment and had to consult Govt. Multispecialty Hospital, Chandigarh in the Orthopaedics Department on 13.11.2017  and General Hospital Sector 16 Chandigarh on 15.11.2017 for treatment of his knee problem. The complainant was not provided details of the PRP treatment prescription as well as receipts of payment  made for the treatment . From the perusal of record (Ex.C9)  the OP is specialist of  Cardiology and no specialisation as orthopedician  is indicated . The problem of the complainant was in his knees that required specialized treatment by Orthopaedics specialist. After treatment by OP , when the complainant did not get relief to his problem , he went to Orthopaedics Department of Govt. Hospitals in Chandigarh. The OP has not tendered any evidence besides an affidavit . In the affidavit the OP has deposed that the PRP treatment was given to the complainant only after explaining the same to the complainant  and that complainant had consented to get the PRP treatment . The complainant had also signed consent memo for the treatment.  The OP has stated in the affidavit that the treatment was  given in the month of March, 2017 and that the complainant had no problem upto November , 2017.
8. From the above discussion , it transpires that the complainant received PRP treatment for his knee problem from the OP from 21.2.2017 to 3.3.2017 and paid Rs.60,000/- for the same.  But the expected relief was not accrued by the complainant  and he had to subsequently consult Orthopeadics specialist in Govt. Hospitals Chandigarh. From the available record the OP does not  appear to be Orthopedics specialist and has Post Graduate Diploma in Cardiology. As the complainant did not get relief  to his knee problem after getting the PRP treatment from the OP after paying substantial amount Rs.60,000/- , there is definitely is gross deficiency in service by the OP. The OP has taken plea that the complainant had consented to receive PRP treatment .  But so far as , knowledge about  medical treatment is concerned , the  complainant was a layman . When a patient intends to receive medical treatment and is asked to give consent for any treatment ,  patient has no choice except to give consent for  treatment . Therefore, the plea of the OP that the complainant had consented to receive the PRP treatment does not wash off deficiency in service by the OP.
9. As  a corollary of our above discussion & keeping in view the facts of  the present case , the present complaint is partly allowed.    The OP is  directed as under :-

[a] To refund the amount of Rs.60,000/- paid by the complainant on his treatment along with interest@ 9% P.A from the date of filing of complaint within 30 days, failing which interest @ 12% P.A. shall be payable.

[b] to pay Rs.10,000/- as compensation and litigation expenses.

Compliance of the order be made by the OP within30 days from the date of receipt of certified copy of this order. Failing which the complainant shall be entitled to recover the above said amount through legal process. The complaint could not be decided within the statutory period due to pandemic of Covid-19. Copy of this order be sent to the complainant and the OP as per rules. File be consigned to record room.

Pronounced 20 June 2023

                               

                                                      (S.K. Aggarwal)

                                                                 President

                                                                    

    

                                                              (Shivani Bhargava)

                                                                 Member

 

                                                              ( Manjit Singh Bhinder )

                                                                           Member