PER:

Sh. Charanjit Singh, President

1        The complainant has filed the present complaint by invoking the provisions of Consumer Protection Act under Section 12 against the opposite parties on the allegations that  the complainant was enrolled in to India Army on 23.3.1985 and discharged from service being placed in Low Medical Category (LMC) due to ‘Low back Ache with Sciatica (Rt)’ on 30 September, 2000. The Govt. of India has floated Ex-Servicemen Contributory Health Scheme (ECHS) which provides socio-economic need for persons who retired from Army. ECHS is a public funded scheme like medical insurance provided medical benefits under the scheme to the retired employees subject to their contribution to the scheme as a member thereof. One time contribution has been made to the scheme by the complainant and purchased Membership No. 0000995717 (Old No. CD0051117) to enjoy the benefits under this scheme, hence, the complainant is consumer of the OP No. 1. The OP No. 2 is the empanelled Hospital of OP No. 1, hence, both the OPs are service providers and they are bound to provide their services to the complainant free of cost. The opposite parties have opted “restrictive trade practice”, “deficiency in service”,   “unfair trade practice”, “medical negligence” and other irregularities, at the time of providing medical treatment, the medicines and the service to the complainant. the complainant is a member of ECHS having Auto Generated Receipt of Documents cum Temporary Receipt Ex Servicemen contributory Health Service (ECHS) bearing Registration No. 0000995717 (Old No. CS0051117). Photostat copy is attached as Ex. C-1. In the said Auto Generated Receipt is Ex. C-1, the complainant is entitled for free medical treatment provided through a chain of ECHS Polyclinics (PC), Service Hospitals, Govt. Hospitals and Empanelled Hospitals as per the provisions given in Para 2 of Standard Operating Procedure, (henceforth SOP) in ECHS 28 Sep 2018, photocopy is attached as per Ex. C-2.  The complainant is suffering from the following diseases since long and getting treatment from Cardiologist, Endocrinologist and Nephrologist on regular basis:-

1. DM-II (Diabetes)                -        Since Feb 2008
2. Hypertension                      -                  -do-
3. CAD (Heart disease)           -        Since Oct 2014
4. CKD (Kidney disease)        -        Since Dec 2015.

In the month of August 2018, the complainant reported sick to OP No. 1 complaining Abdominal Pain and the OP No. 1 issued “Referral Form” for treatment from empanelled Hospital. The complainant chose to get treatment from Fortis Escort Hospital Amritsar and on 18.8.2018. He went under Ultrasonography (USG) and found that Renal Stone 3.4 mm is available in the right kidney. Photocopy of findings and prescription of the Dr. Mukesh Goyal made on 18.8.2018, photocopy is attached as per Ex. C-3. In the night of 22-23 Feb, 2019, the complainant suffered abdominal pain throughout the night and at about 4.00 A.M., the pain became un-bearable. Gurpal Singh Advocate and Jaspal Singh Advocate  sons of complainant took the complainant to Guru Nanak Dev Super-Specility Hospital, Tarn Taran which is empanelled one according to memo of agreement (MOA) to ECHS Poly Clinic Tarn Taran and this Hospital is very close to the house town of the complainant. The complainant alongwith his sons and his wife Smt. Jasbir Kaur as she was also suffering from abdominal pain, presented in Emergency Ward of Guru Nanak Dev Super Specialty Hospital, Tarn Taran, on  23.2.2019 at 4.40 A.M. the complainant explained the grief to the OP No.2. The OP No. 2 explained the required medicine to his nurse and she made hand scripts (Photocopy is attached as per Ex. C-4 and C-5). Meanwhile the OP No. 2 asked the complainant to deposit money with hospital against treatment. The complainant produced auto generated receipt for ECHS bearing registration No. 0000995717 (Ex. C-1) before the OP No. 2 and made submission to provide treatment and medicine free of cost as he is ECHS member. The OP No. 2  deliberately told that the “instructions” have been issued by OP No. 1. Col. P.S. Dhillon OIC ECHS Polyclinic Tarn Taran that no patient of ECHS will be provided with free treatment in absence of “Referral  Form” even in the nights and besides Emergency too. In this connection, affidavit of Gurpal Singh, Advocate and Jaspal Singh, Advocate (complainant’s  sons) are attached as per Ex. C-6 and C-7 respectively. Thus the OPs made the complainant to pay for the medicines and treatment charges. This act of the OP No. 2 has breached the terms and conditions given in Para 16 under heading Treatment in Emergency of the SOP dated 28 Sept. 2018, photocopies of concerned pages of the SOP are attached as Ex. C-8 and the OP No. 2 has charged an amount of Rs. 226/- against Bill No. BIOPD000454147. Time 4:59:35 dated 23.2.2019, photocopy is attached as per Ex. C-9. Although the complainant was suffering from abdominal pain, however, OP No. 2 refused to admit him, either as private patient or ECHS patient. The OP No. 2 asked the complainant to leave the “Emergency Ward” by handing over hand scripts duly mentioned with medicines and advised U.S.G (Photocopy is attached as per Ex. C-5). The acts of OPs result in deficiency in service and bad trade practice. As the complainant was still suffering abdominal pain continuously, he himself alongwith his wife and above sons reported sick at ECHS Polyclinic Tarn Taran and got prepared “Referral Form” (photocopy is attached as Ex. C-10) at about 9.00 A.M. on same day i.e. 23.2.2219 from Dr. Karandeep Singh Grewal, MO, ECHS Polyclinic Tarn Taran. The Referral form had been made at 9.00 AM whereas it had been issued to complainant at about 10.00 AM as, OP No. 1, arrived in his office in between 9.45 to 10.00 AM. The OP No. 1, remained absent from his office and the complainant had been made to wait for “an hour”. This is violation of Para 29(b) of SOP Treatment Management in ECHS dated 28 Sept 2018 (Photocopy is attached as per Ex. C-11) The functioning Schedule of ECHS Polyclinic in winter was from 8.30 AM to 4.30 PM. The OP No. 1 presented himself late in his office for approximately 1½ hours, photocopy of patient Care and follow up Book is attached as per Ex. C-12. The OP No. 1 has himself admitted that he was away for any job at Station Headquarter Amritsar, vide letter No. 3301 / ECHS/ TT/ C-13). However he remained absent from his office without making any alternative arrangements to run ECHS Polyclinic smoothly. In this Para, in Para 29(b) of SOP Ex. C-11, it has been mentioned “In case of OIC being away, the same will be signed by nominated doctor record of which will be maintained as offg OIC PC” and OP No. 1 has breached this rule and made the complainant who was still suffering from Acute Abdomen Pain to wait for approximately 1½ hours. This results in deficiency in service at the part of the OP No. 1. At the time of issuance of “Referral Form” by OP No. 1 at about 10.00 AM on 23.2.2019, the complainant conveyed the “problem” to him,  which the complainant had faced in the early morning of 23.2.2019 at the hands of OP No.2. The OP No. 1 accepted and said that he has given instructions to Guru Nanak Dev Super-Specialty Hospital, Tarn Taran, to refuse free treatment without “Referral Form” with the motto to minimize the expenditure of the Govt. the OP No. 1 ha also accepted that in order to keep emergencies down, all hospitals have been repeatedly warned by no one less than MD ECHS himself in Jalandhar, in month of Dec 2018 in a conference, vide Para No. 5 of his office letter No. 3301/ECHS/TT/Complaint/95 dated 4 Jul 2019, photocopy is attached as Ex. C-14. Contention of OP No. 1 in this Para proves the claim of the complainant that ‘something is wrong at the bottom’. As per letter (Ex C-14) of OP No. 1, it is proved that the illegal restrictions have been imposed during conference by MD ECHS which have been blindly followed by OP No. 1 and OP No. 2. Both the O.Ps followed illegal instructions of MD ECHS and breached Rule and Regulations contained in Para 16 under hearing Treatment in Emergency of the SOP dated 28 Sept 2018. Photocopies of concerned pages of the SOP are Ex. C-8. By no way the OPs are above law. The OPs deprived complainant from authorised free treatment. Thus proves deficiency in service and bad trade practice. The OP No. 2 has denied the free treatment to the complainant on 23 Feb 2019. The grievance suffered at the hands of OP no. 2 had been addressed to OP No. 1 verbally, which he has accepted vide Para 6 of Ex. C-14 cited above, giving instructions the employee namely Mr. Suman Singh of OP No. 2 to refund the entire money charges from the complainant. The complainant approached Mr. Suman Singh, produced him the bill and requested to refund the money as desired by OP No. 1 Mr. Suman Singh refused to refund quoting  ‘no such law’ on the subject to refund money this way. The OPs have made the complainant to run from here to there and there to here and caused mental stress, physical wear and tear and financial harm to him. When no money was refunded to the complainant and no action was taken by OPs, he lodged complaint dated 4.4.2019 by Regd. Post on 5.5.2019, vide photocopy dated 5.4.20019 is attached as per Ex. C-16. Now it is to see that complainant has addressed his grievance to OP No. 1, verbally on 23 Feb 2019 and in written to Higher Authority of ECHS and OP No. 2 on 4.4.2019 (Ex. C-15), OP No. 1 has not tried to settle the matter with OP No. 2 till date, Moreover, the facts of Para 4 of OP No. 1’s letter dated 04 Jul 2019 (Ex. C-14) shows that he has not tried to ‘even’ trace the name and particulars of OP No. 2 who denied free treatment, till 4 July 2019 and he had tried to save OP No. 2 who followed illegal verbal instructions OP No. 1 and MD ECHS passed in the month of December 2018 at Jalandhar, during conference as claimed by OP No. 1. Moreover, till date nothing has been done by OPs which results to deficiency in service and bad trade practice. The complainant was continuously suffering pain, hence continued to take treatment at OP No.2’s hospital as under

1. On dated 23.2.2019, the complainant reported sick at OP No. 2’s hospital  vide OPD No. OP398063 dated 22.2.2019 photocopy attached as per Ex. C-17. As per the advice of the OP no. 2, the complainant has undergone the Ultrasonography of whole abdomen. Photocopy is attached as per Ex. C-18 and revealed the following findings:-

1. Fatty Liver Grade I,
2. Splenomegaly.

2.  The consulting doctor prescribed the medicines which the complainant has consumed. But the abdominal pain did not heal. Thus, the complainant again reported sick at Guru Nanak Dev Super Specialty Hospital  Tarn Taran vide OPD No. OP400559 dated 1.3.2019. Photocopy is attached as per Ex. C-19 and the doctor advised for CECT whole abdomen with Oral+I.V. The complainant undergone CECT whole abdomen. Photocopy of report is attached as per Ex. C-20 and revealed the following finds:-

1. Gall Bladder partially distended
2. Urinary Bladder in distended state
3. Fatty Liver Grad I.
4. Grade I prostatomegaly.

The OPs harassed the complainant for the period from 23.2.2019 to 1.3.2019 by refusing free and continuous treatment through admission in hospital. This act of OPs results in deficiency of service and negligence at the part of OP No. 2. With ill, illegal and inhuman behavior, the Opposite parties have made the complainant to face tension, anxiety, nervousness, stress and strain and pressure, due to which the Blood Pressure, Diabetes and Heart Beat of the complainant remained in high scale.  The OPs have violated all the provisions given in the above said SOPs and policy letters issued by the competent authority. The complainant has made efforts to settle the matter at his own level, however, OPs have not entertained his dialogue and oral requests, thus, the complainant has submitted the complaint dated 4.4.2019, photocopy attached as Ex. C-15 and also served Legal Notice No. 89 dated 25.7.2019 as Ex. C-21, Photocopy of registered Postal Receipt dated 25.7.2019 is attached as per Ex. C-22 and no positive response has been given by the OPs. This shows the conduct of OPs that they do not bother any law. The complainant was suffering from acute abdomen pain which comes in category of Treatment in Emergency as per Para 16 (a) (v) of Ex. C-8. The OPs had intentionally and illegally denied the free treatment to the complainant, whereas it was the duty of the OP No. 2 to retain the complainant in his hospital either on admission or under day observation till the time of detection of the ailment and healing of the abdomen pain. The complainant had been illegally pushed out of the hospital by OP No. 2 only for want of Referral Form first from OP No. 1.  The denial of free treatment to the complainant by OP No. 2 and denial of action by OP No. 1  and High ECHS Authorities on the complaints of complainant against OP No. 2, shows that the OP No. 1 has issued illegal instruction and OP No. 2 has followed the same which results in deficiency in service, bad trade practice and harassment to the complainant. The opposite parties have caused the following to the complainant

1. Deficiency in service.
2. Unfair and bad trade practice.
3. Medical Negligence.
4. Financial Loss.
5. Social Loss.
6. Mental harm, stress and strain.
7. Physical wear and tear.

The complainant submits Judgment dated 22.2.2018 given in Appeal NO. A/14/716 Ex. C-23. In addition to documents given in foregoing Paragraphs, photocopy of Adhar Card of complainant is attached as per Ex. C-24 and calculation sheet against OP No. 1 as per Ex. C-25 and Calculation sheet against OP No. 2 as per Ex. C-26 and the details of documents the complainant substantiate his case are as Ex. C-1 to C-27.  The complainant prayed that the following relieves:-

1. Directions to OP No. 2 to refund the money amounting to Rs. 226 with 18% interest till realisation of the amount, to the complainant charged from him.
2. Direction to the OP No. 1 to pay Rs. 2,00,000/- with 18% interest till realisation of the money as compensation.
3. Directions to the OP No. 2 to pay Rs. 2,00,000/- with 18% interest till realisation of the money as compensation.
4. Directions to the OP No. 1 and OP No. 2 to pay Rs. 30,000/- with 18% interest jointly or severally till realization of the money as litigation expenses.

2        Notice of this complaint was sent to the opposite parties and opposite party No. 1 appeared through counsel and filed written version by interalia pleadings that the complainant has deliberately named Colonel Paramjit Singh Dhillon (Retd) in the case due to personal enmity only to harass as he was once checked for his rudeness by OP No. 1 in his office and complainant’s one son was stopped for repeatedly trespassing and entering polyclinic Pharmacy without authority and there is no merit in the present case. Complainant fully knows that OP No. 1 is not the OIC ECHS as he demitted the office on 24 Jan 2020. The complainant should have filed case against OIC Polyclinic ECHS Tarn Taran or against OC ECHS, Station HQ Amritsar which commands and controls all ECHS polyclinics by way of Financing, Employment, Administrative control over staff and Hospitals and over complete medicine supply. The concerned office would have attended to his complaints and given him solution, as per the SOP on Treatment Management in ECHS Dt 28 September 2018 (Copy of SOP attached as Exhibit OP1-1). To understand ECHS treatment in Govt. Hospitals, treatment in Emergency. Treatment in Polyclinics, Generation of referrals in PC, Duties of Medical Officers, Reimbursement of charges by ECHS of money charged by empaneled and non empaneled hospitals, important paras 14, 16, 22, 23, 28, 29, 36, 42, 44, 45 and 46 of SOP need to be studied , and understood apart from many instructions available with station HQ’s. At no place in SOP, OIC is given responsibility to issue referral as that is prerogative of Medical Officer seeing the medical condition of Patient. Moreover, Military Hospitals are open 24 Hours for free treatment for retired servicemen and their dependents. Expenditure of listed or unlisted procedures if charged from ex-serviceman by empaneled Hospitals due to any reason is fully reimbursed upon submitting the claim and thousands of applications are daily being processed by ECHS System and money is being reimbursed directly into accounts of the affected persons. None of Ex-service men go to the court to get their entitlements as Army is a very fair organization. Just when complainant realized that his ECHS Card may be cancelled (refer Exhibit OP1-11) by Station HQ Amritsar due to extreme indiscipline, he took defensive action and prepared a cause of action where none existed and issued legal notices and filed present case. The Station commander Brigadier Sushil Sharma retired in October 2019 and further action was not followed by new incumbents who wanted to begin their tenure from fresh state as per their own perspective. The complainant did employment in army as a clerk for 15 years from 23 March 85 to 30 Sept 1990 and became unfit to serve in military due to low backache and was discharged from military with pension. Thereafter he was a typist in old court complex Tarn Taran next to ECHS Office and was known as Paramjit Singh Fauji, English Typist where he had clientage for typing. From the complaints written by him against officers and Jawans, it appears that he harbours lot of hatred towards Army persons for reasons best known to him as Army has neither denied his entitled pension or Canteen Services or Free Medical services through ECHS to him and his Family. He is a habitual complainant and documents highlighting same exist with Station HQ Amritsar and Regional Centre Jalandhar. He loves writing complaints against Officers to PM and President of India and to entire chain of command in Military or to the Police just to get a sadistic pleasure or is suffering from some complex that has not been evaluated. A few available copies of complaints filed against military persons by him are attached as Exhibits to highlight his nature: -

(a) Improper Medical/Surgical treatment of ECHS Tarn Taran dt 31/7/12(Exhibit OP1-2)

(b) Complaint against Medical Officer Dr Mahia and OIC ECHS Colonel Rupinder Singh Dt. 14/08/12 to Regional Centre Jalandhar. (Exhibit OP1-3)

(c) Misbehavior by JCO at reception Centre and by Sepoy Gurmit Singh at ECHS Tran Taran Dt. 17/5/13. (Exhibit OP1(4(a)) and threatening by OIC to cancel ECHS Membership card(Exhibit OP1-4(b) of same date 17/5/13.

(d)Comments forwarded to Regional centre by Col Rupinder (Exhibit OP1-5(a) dt 22 Aug 13 and Complaint by Colonel Rupinder Singh to SHO, city police Tran Taran dated 13 JUNE 2013 to take action against Hav.Paramjit for baseless allegation. (Exhibit OP1-5(b))

(e) Complaints against Col PS Dhillon, Dr. Radhika Behl MBBS, Dr. Rajiv Bhasin MBBS for issuing medicine to him without prescription from specialist which is not even authorized to the polyclinic. This letter is written to union of India and complete chain of command dated 6/4/2019 (Exhibit OP1-6)

(f)Letter to Prime Minister Narendra Modi dated 30/5/2019 and with complaint against Col PS Dhillon OIC ECHS and doctors on duty and Guru Nanak Dev Hospital date 4/4/2019 and addressed to union of India. (Exhibit OP1-7)

                   (g) RTI to APIO/PIO/CPIO DT 25/6/19 (Exhibit OP1-8)

(h) Legal notice TO OIC demanding Rs 2 lakh for himself and 1 lakh for his wife Jasbir Kaur dated 27/07/19 (Exhibit OP1-9).

(j) Complaint by Pharmacist of ECHS Polyclinic dt 04/05/2019 against dependent of Hav Paramjit for entering pharmacy (prohibited to all) without permission. (Exhibit OP1-10).

Intended Action by Station HQ Amritsar against complainant Hav Paramjit. Fed up with his constant stubbornness, on 1/9/19,Hav Paramjit was issued Legal notice from Station HQ Amritsar through their Lawyer as to why his ECHS Card not be cancelled, his reply is attached. (Exhibit OP1-11-1-12) Prohibited activities by Hav Paramjit (Exhibit OP-12). No comments. Complainant served in Army for 15year 6 month from 23 March 85 to 30 Sep 90 before being discharged as unfit to serve due to medical category with pension. Correct but services rendered by military are as per SOP with conditions laid out in various paragraphs. Military service is voluntary in India and Indian Military is not a service provider. This Scheme of ECHS is managed by Armed Forces from existing infrastructure and locally controlled by Station Commander with help of SEMO of Military Hospital. OIC Polyclinic as an individual officer is a contractual consultant for 11 months of contract and is not a Service provider nor in the contract has, he been intimated that he will be a service provider for the period of his consultancy as he controls no resources and has no powers to issue orders which rest with station HQ ECHS Polyclinics are designed to provide ‘outpatient care’ including consultation, essential investigation and provision of Medicines. Specialized care is provided by Military Service Hospitals, Govt. Hospitals and private empaneled hospitals. If OP 2 is a service provider, only OP2 can reply as OP1 is not privy to MOU signed between OP2 and MOD at Regional Centre Jalandhar. SOP of ECHS dated 28 Sep 2018 (Ex. OP1-1) needs to referred. Complainant is a member of ECHS. Whether he is a consumer is unclean as nowhere in the SOP it is written that ECHS Members are consumers. His entitlements were as per his joining instructions when he joined armed forces in 1995 and ECHS is giving him all his entitlements without prejudice to his behaviour.  As per complainant he has been getting treatment from cardiologist, endocrinologist, Nephrologist on regular basis and has never been denied service by ECHS Tarn Taran. Till Jan 2020, complainant and his wife had been referred to various hospitals 36 times and never once denied referral. The complainant reported sick and was duly given referral form for treatment and he went to the best hospital, Escorts Amritsar for his treatment. A USG found a renal stone 3.4 mm in right Kidney. ECHS gave him his entitlement (Ex. OP1-16).  These are factual details. Hav Paramjit and his wife Jasbir Kaur together suffered abdominal pain throughout night and at 4.40 am on 23Feb 2019.Sons of complainant (incidentally as per ECHS Card details, there is no mention of his sons in records), Advocate Gurpal Singh& Jasbir Singh took them to Guru Nanak Dev Hospital Tarn Taran Emergency ward. What the Medical Officer stated to patient is known only to OP2.Para 45(c) of SOP (ExhibitOP1-1) clearly states that doctor will decide level of emergency and not the patient and only if emergency is confirmed does the cashless treatment begin. If emergency is not found to exist, it is up to Hospital to raise bill if they so desire as ECHS Card itself is not an authorization to get free and cashless treatment even in OPD.ECHS Card is proof that ex-serviceman is a member of Armed Forces medical Scheme Without referral from polyclinic and in case Hospital feels it is not an emergency case, Hospital is free to raise OPD treatment bills which ECHS member can then claim by filling forms available in polyclinic and same money is reimbursed by ECHS System into his account.  As matter pertains to OP NO2, only OP No 2 needs to reply. The complainant is deliberately resting his case on falsehood. It is not clear as to why hospital would charge Rs 226/- from him unless he has not carried his card or is carrying non- legible photostat slip as no hospital has ever charged any ECHS patient if he either carries a referral or is considered a genuine emergency. The only requirement for ECHS patient at any hospital in entire India is to just show the ECHS card at the time of registration at their billing-counter. OPD consultation may be charged by Hospital depending upon its policy if No referral has been issued by parent polyclinic. The circumstances leading to this incident can at best be explained by OP No 2. The Payment Receipt and the medicine slips issued by Hospital do not show details of ECHS Card in respect of his wife Jasbir Kaur. However, complainants credit invoice (ExhibitOP1- 15(a)), Diagnostic report (Exhibit OP1- 15(b)), Ultra sound report (ExhibitOP1-15(b) shows him as ECHS patient on same date 23/02/2019 and as such nothing has been denied to him. Para 16 sub Para (b) of SOP on Management and Treatment in ECHS(Exhibit OP1-1)clearly warns all of misuse of Emergency provision and sub Para (c) clearly states that Emergency provision should not be used as shortcut to avoid going to polyclinic. Para16 Sub Para (e) clearly orders all empaneled hospitals to allow all genuine patients benefit of emergency admission. Para 46 of SOP is very harsh on Hospitals and warns of strict action if Emergencies are not Genuine. So many hospitals have been de-empaneled if anything wrong was found frequently orders have been passed of STOP REFERRAL against them until they are cleared by a court of inquiry of the Army. Many Criminal cases have been filed against so many hospitals and owners of Hospitals sent to jails for not being cautious and profiteering from this welfare scheme and as such they are very cautious while dealing with emergency cases. Para 46(c) clearly states that what patient considers as emergency may not be what medical officer considers as emergency. After empaneled hospital admits patient with emergency provision and raises demand to the polyclinic to clear the emergency status of the admitted patient to enable them initiate billing process, such all emergencies have to be checked by ECHS Medical officers on orders of OC ECHS Station HQ Within 24 to 48 hours and only then can these be cleared by OIC Polyclinic as passed on his Computer based system and if any patient is found not genuine, Med Officer has powers to refusal of emergency and in that OIC Polyclinic has no power to overrule the Med Officer and in such a case the Hospital has to bear all charges as ECHS Patient once admitted under emergency cannot be charged. What Hospital decides is therefore best explained by OP 2 only as rules can be tough for both sides of the spectrum. (Ref EXHIBIT OP1-1).  This point can be best explained by OP NO 2.If complainant had produced his legible ECHS Card or Slip and referral, there was no need to charge money as no Hospital has ever done it. However, as Referral was given at 9.45am, Hospital could have shown consideration and not charged for OPD slip. I, as OIC, upon learning that Hospital has charged Rs 226/-, rang their employee Mr. Suman at 9.45 pm on 23/02/2019 in front of complainant, who then stated that complainant can take refund of Rs226/-in cash immediately on same day and he will check circumstances leading to billing counter charge. Complainant rather than taking refund instead thought of demanding compensation of Rs 200000/- from the Hospital, 200000/- from OIC, Rs 50000 from MO, Dr Grewal, Rs 50000/ from Dr. Bhasin and Rs 100000/- for his wife Jasbir Kaur. (Ref Exhibit OP1-9 of legal notice 89 dt 25/7/19) and Rs 30000 as litigation charges. Why he dropped compensation demand subsequently from both Doctors is matter of conjecture and why he did not pursue compensation for his wife will become clear in subsequent paras from Exhibits enclosed and his amended plaint. In event of Hospital erroneously charging patients not having OPD Referral in emergency cases, as per para 36 of SOP(Exhibit OP1-1), provision of 100% reimbursement exists in polyclinic where ESM has to fill a form and demand refund if charged by government hospitals. Same provision is applicable for seeking refunds for medicines and such like situations. However, as amount was just Rs 226/-, complainant decided not to waste his time and energy to avail those facilities and instead, having studied some consumer court cases of claiming compensation, tried his luck by claiming huge amounts of 2 lakhs each from OIC and Hospital, litigation charges of 30000,knowing fully well that his amount of Rs 226/- was being returned to him same day by Mr. Suman from the Hospital ECHS wing. He did not collect it. Complainant was dishonest to core and showed total lack of ethics expected from an Ex-soldier of Indian Army and against participative approach as enunciated in Para 34 of SOP and has not approached court with clean hands. The paragraph is misleading, mischievous and cleverly hides his own deficiency. On 23/02/2019, both, Hav Paramjit and his wife Jasbir Kaur never came to the polyclinic for referral. One of his sons came to the polyclinic and made two slips from the reception Centre manned by regular Army personnel. Polyclinic opened at 8.30 AM and his son came to reception counter between 8.45 AM to 9 AM. Slips were made for both Hav Paramjit and his wife Jasbir Kaur at 9 AM. Thereafter his son went to Dr. Karan Grewal, the MO on duty at 9.10 am. He asked MO to issue two referrals for admission to the Hospital for complainant and his wife. As both patients were not present in the polyclinic physically, MO Dr Karan Grewal stated that he cannot give proxy referral as per SOP on Treatment Management in ECHS (Copy of relevant PARANO 28(Exhibit OP 1-1) and that OIC has instructed them to strictly follow SOP. This act of MO made complainant angry and then within 10 minutes, that is between 9.15 to 9.25 am, he came to the polyclinic as his office as well as residence is very close to the polyclinic. Dr. Karan Grewal thereafter made referral for him for USG Abdomen and anything else he needed from Hospital by writing "As Required" on the referral form and also referred for consultation with Medical Specialist and Cardiologist if required so that he is not harassed and can get all consultation in one form in one go. (Exhibit OP1-16) Dr. Karan Grewal signed the referral form between 9.25am to 9.30 am. Thereafter he came to my office and sat down. I came to polyclinic at 9.30 am, parked my car and went to see working at reception Centre and then into my office at 9.40 am. After listening to his story, I signed his referral at 9.45 am and also rang up Hospital staff to return his Rs 226/- charged by their billing counter that day. He was angry that his proxy referrals were not signed and his son was refused and that he himself had to come to the polyclinic so he decided to teach everybody a lesson. As such, there was no deficiency of service on my part as OIC ECHS. If I have come to polyclinic at 930 hrs and into my office at 9.40 am that day, same has been reflected in my salary slip and in monthly attendance report based on which salary is made. In notes column of monthly salary return, details of every minute are given from 8.30 am to 4.30 pm in winters to station HQ and salary is paid by minutes and absence is penalized by deduction of equivalent amount. On 23 Feb 19(Winter Timings), I had official work to attend to at Amritsar ECHS HQ from 8.30 AM to 9 AM and same was reflected in Feb Salary report. So, there was no deficiency of any service rendered by me to anyone as I was on legitimate duty of my office. His claim that he waited for 1hr 30 min is wrong as he reported at 9.15 AM (9 AM by his own admission in letter to the Prime Minister as per Exhibit OP 7 Para 8) to the polyclinic and he did not go to the reception Centre as his son had taken two slips already, he reported to MO Dr Grewal at 9.15 am and spent 10 minutes there and his referral was signed at 9.25 AM. And he jumped the queue and came and sat in my office at 0930 hrs. I was in polyclinic at 9.30 AM and came to my office as 9.40 AM after inspecting reception counter and signed his referral for OPD and USG at 9.45 am as OIC. This can be counterchecked from para 8 of his letter dated 30/05/2019 written to PM of India wherein he wrongly mentions to Prime Minister that he and his wife reported to polyclinic on 23 Feb 19 at 9 am whereas his wife never came and her ultrasound was in progress at hospital and same time when he was in my office alone and was given referral (ExhibitOP1-16). As such, he deleted his wife's name from final and present case in the court. In fact, complainant tried to be clever by trying to hoodwink the system by not coming himself and trying to get two referrals by proxy. The MO on duty, Dr Grewal was right in refusing as per para 28 of the SOP which states that proxy referral will not be normally given except bed ridden/chair bound /serious cases at discretion of MO/Specialist of PC with permission of OIC provided proxy person has valid authority letter and valid ID. His son was not carrying any authorization from Hav Paramjit or Jasbir Kaur and none were chair bound. Subsequent Diagnostic report of Hospital OF 23 FEB2019 showed everything normal except Fatty Liver grade 1(Exhibit OP1-15). All charges are frivolous and are denied as polyclinic has no power to issue instructions to 52 Empaneled Hospitals of the region. All hospitals follow written SOP as available on website of MD ECHS New Delhi (Exhibit OP1-1) and for any amendment, special instructions are sent by email which act as authority for future. Hospital as also OIC Polyclinic is supposed to follow SOP to check misuse of facility upon orders from regional Centre Jalandhar or Station HQ Amritsar based on complaints or instructions which keep on coming on regular basis in Dak. The decision to issue referral is of medical officer alone. Para 22(e)of SOP as in Exhibit OP1-1 clearly states that Referral cannot and will not be demanded by ECHS Patient nor demand made for any test/process. Patient will explain his medical condition and only Med Officer has and he did not go to the reception Centre as his son had taken two slips already, he reported to MO Dr Grewal at 9.15 Am and spent 10 minutes there and his referral was signed at 9.25 AM. And he jumped the queue and came and sat in my office at 0930hrs. I was in polyclinic at 9.30 AM and came to my office as 9.40am after inspecting reception counter and signed his referral for OPD and USG at 9.45 AM as OIC. This can be counterchecked from para 8 of his letter dated 30/05/2019 written to PM of India wherein he wrongly mentions to Prime Minister that he and his wife reported to polyclinic on 23 Feb 19 at 9 am whereas his wife never came and her ultrasound was in progress at hospital and same time when he was in my office alone and was given referral (ExhibitOP1-16). As such, he deleted his wife's name from final and present case in the court. In fact, complainant tried to be clever by trying to hoodwink the system by not coming himself and trying to get two referrals by proxy. The MO on duty. Dr Grewal was right in refusing as per para 28 of the SOP which states that proxy referral will not be normally given except bed ridden chair bound/serious cases at discretion of MO/Specialist of PC with permission of OIC provided proxy person has valid authority letter and valid ID. His son was not carrying any authorization from Hav Paramjit or Jasbir Kaur and none were chair bound. Subsequent Diagnostic report of Hospital OF 23 FEB2019 showed everything normal except Fatty Liver grade 1(Exhibit OP1-15).  All charges are frivolous and are denied as polyclinic has no power to issue instructions to 52 Empaneled Hospitals of the region. All hospitals follow written SOP as available on website of MD ECHS New Delhi(Exhibitop1-1) and for any amendment, special instructions are sent by email which act as authority for future. Hospital as also OIC Polyclinic is supposed to follow SOP to check misuse of facility upon orders from regional Centre Jalandhar or Station HQ Amritsar based on complaints or instructions which keep on coming on regular basis in Dak. The decision to issue referral is of medical officer alone. Para 22(e)of SOP as in Exhibit OP1-1 clearly states that Referral cannot and will not be demanded by ECHS Patient nor demand made for any test/process. Patient will explain his medical condition and only Med Officer has that checks authenticity of ESM, His card number, his dependency polyclinic etc. The Hospital is within its rights to deny free treatment to any ESM who is not carrying his valid or suspicious and non-legible ECHS Card. However, in this case, referral has been given to complainant at 0945 AM.  Why Hospital did not give him free treatment at 5 am if he had produced his ECHS Card and was in genuine emergency is for Hospital to explain. Why Complainant did not collect his refund the same day at 9.45 AM from Mr Suman, representative of the Hospital dealing with ECHS cases despite telephonic conversation to this effect between OIC Polyclinic OP NO 1 and Mr Suman of Hospital in front of complainant at 9.45 AM itself is for complainant to reply and introspect.  On 23 feb19, complainant informed me that Hospital has charged Rs 226/ - from him at 5 am and not given him free treatment. I immediately rang Mr Suman, the employee looking after ECHS Patients of GNH hospital. He promised to refund money immediately and check reason as no one who produces referral or even legible ECHS card is ever charged if his emergency is found genuine. Hav Paramjit did not collect his refund and instead started demanding money in lakhs by way of legal notices to all whereas he could have easily either taken refund in cash or given his bills to us for refund to his account after filling a one-page form. Polyclinic forwards such bills and claims to regional centre and refund is credited within two weeks to the account of ESM. Other points and repetitive. ECHS Polyclinic Medical officer gave OPD referral (Exhibit OP1- 16)based on which USG of Hav Paramjit was done and he was diagnosed with fatty livergradel and enlarged spleen while his kidneys were perfectly normal as per USG. (Exhibit OP1-15(c). He consumed medicine prescribed to him. At no stage the did the polyclinic fail in its duty. Again on 1/3/19, based on OPD referral given to him, he underwent CECT free of cost. In this test, it was found that " Liver is Normal" and Spleen is Normal (Exhibit OP1-17). Hence earlier treatment of Hospital worked on him and he became healthy and thereafter was fit to fight and sent legal notice to make some money by way of compensation. At no stage was free and continuous service stopped by anyone as complainant kept on consuming medicine given by the ECHS from 23.2.19 onwards till 1.3.19 and he became healthy very quickly as can be seen from CECT report dated 1/3/19. There was as such no deficiency of service for OP No. 1(Exhibit OP1-16).  The ill & inhuman behaviour was from the side of complainant only as he was blinded by his advantage of being a lawyer and of operating just 100 yards from court complex. He and his family have been suffering from the medical problems since 2008 and blaming it on ECHS is not justified. About 25000 ESM come monthly to polyclinic and none blames the scheme or staff for their diseases. He should be thankful that Army has given him such a wonderful service and in return he has brought disrepute to the system by bringing it in courts. No SOP has been violated by OICECHS. He was issued referral whenever he asked from the time, he became ECHS Member till today The complainant has not tried to settle matters at all despite on the spot settlement on 23/02/19 itself. He was seeking money to the tune of Rs. 2 lakhs from OIC, Rs 50000 each from two medical officers and Rs. 2 lakhs for the hospital and 30000 /-each for litigation charges for Rs. 226/- that he was charged by hospital at 4.30 AM on 23. 2.19. He refused to collect refund same day that OP 1 as OIC ECHS had requested hospital employee Mr Suman to give to him through my telephone in front of him and to which Suman had agreed. Complainant also failed to exercise his other option of seeking refund from ECHS by just filling one form and attaching the bill of Rs 226/- with it. This refund option is still available with him with additional documentation of a statement of case addressed to MD,ECHS Delhi. Infact, greed overtook his senses and he thought of making easymoney through legal notices and filing cases. He has caused great harm and stress to OP1 by his behaviour. It is for MO to determine if patient is in emergency. Para 16 of SOP sub para (b) and sub para (c) are very clear. If complainant and his wife were in emergency, hospital should have admitted them even if they were non ECHS patients as hospitals survive on admissions. For record's sake, Guru Nanak Hospital admitted 23 ECHS patients on emergency basis in the month of Feb 2019(Exhibit OP1-18) from Tarn Taran polyclinic and none of the 23 patients had come to polyclinic for advance referrals and were still admitted by hospital and given treatment on emergency basis and OPI approved all emergencies as genuine after checking them physically in the hospital through his Medical Officers on duty. As far as ECHS Polyclinic is concerned, complainant's son tried to take two proxy referrals from MO Dr Karan on 23 Feb2019 at 9 AM which MO refused as per para 28 of SOP dated 28 Sept 2018 on Treatment Management of ECHS(ExhibitOP1-1). Subsequently when complainant reached the polyclinic at 9.15 am, he was given referral by MO at 9. 25 AM and same was countersigned by OPI, OIC polyclinic at 0.945AMN. There was no deficiency of service. No illegal instructions have been issued by ECHS Polyclinic to the Hospital. The Empanelled Hospitals all across the country follow only SOP or written instructions issued by MD ECHS New Delhi. Same is attached as Exhibit OP 1 OIC polyclinic is merely a consultant employed on contract for 11 months which can be terminated without notice and has no power to issue any instructions. All allegations are wrong and frivolous and made up to extract compensation. All points are denied. There was no deficiency of service. The referral was given as soon as complainant physically met the Med Officer in polyclinic. As far as Rs 226 is concerned, OP1 had in front of his staff member Sepoy Kuldeep Singh as well the complainant telephoned Mr Suman, who looked after ECHS patient cases in GN hospital to refund the money. Mr Suman requested OPI to send complainant forthwith to collect his Rs 226 and any other charges from him personally and Mr Suman said he will subsequently check why Money was charged at first place. However, complainant did not go to collect money and instead started taking revenge for refusing Proxy referrals and started writing letters to Prime Minister. President and Military command chain and started demanding lakhs compensation thereby harassing in the OIC, Med Officers, Station HQ, Sub Area HQ and all up the chain thereby vitiating the amiable atmosphere of the organisation with his hatred and putting OIC that is OP1 in bad light in entire chain of command. OP NO 1 is not responsible for Rs 226 charged by Hospital at 5 am on 23 Feb 2019 and it is for OP 2 to explain the circumstances leading to such a charge. Complainant can still seek refund from ECHS of Rs 226 by making statement of case and forwarding it to OIC Polyclinic. Request be dismissed as OP No 1 has not denied any service that was due to him (refer ExhibitOP1-15 (a),15(b),16,17) and also he has wrongly filed case on individual who is not even the OIC and he should have filed case on OC ECHS Amritsar Station HQ that controls all polyclinics. OP No 1 has not deprived complainant of his entitlement and complainant himself did not exercise his available options of refund available to him and his request for litigation charges he himself is contesting be dismissed. All points and denied. There has been no denial of service from the OIC ECHS Polyclinic Tarn Taran at all.  As far as Rs. 226//- was concerned, Verbal order was issued to return the same and OP1 as OIC personally spoke to Mr. Suman who looked after ECHS patients and department. Telephone was done in front of complainant in presence of polyclinic staff i.e. Sepoy Kuldeep Singh. Mr Suman agreed to refund entire amount charged forthwith and said he will check the circumstances leading to this event. However, Paramjit never went to collect refund of Rs 226 from Mr Suman nor tried to seek refund by submitting his claim with bills to the polyclinic as the amount was too small for him to waste time on and instead decided to make a windfall profit and thereafter sent legal notices to all claiming compensation in lakhs and complaints to everyone from PM of India to President of India to press his point out of sheer hatred for military hierarchy and OP1. The opposite parties No. 1 has placed on record documents.

3        The opposite party No. 2 appeared through counsel and filed written version by interalia pleadings that the complaint of the complainant is not maintainable in the eyes. The complainant is not be consumer of the O.P No.2. The present compliant is barred by law of limitation. The complainant has no locus standi to file the present compliant against the O.P No.2. The complainant has not cause of action against O.P No.2 to file the present complaint against him. The complainant has intentionally suppressed material facts from the court.  The complainant has no jurisdiction to file the present complaint against O.P No.2. The complainant has no jurisdiction to file the present compliant against the OP No.2 as only the remedy available to the complainant is to approach the ECHS competent authority. The OP No.2 is EMPELLED Hospital of ECHS poly Clinic Tarn Taran. When the complainant along with his wife came to the O.P No. 2 for their treatment on 23.2.2019 they consulted the doctor at OPD of O.P No.2 and certain medicines were advised to the complainant and his wife due to pain in their abdomen. At that time the complainant did not show any referral form of ECHS due to which the complainant had to pay the Ultrasound Charges as well as medicine charges. It was also intimated to the complainant by the OP No.2 that the EMPELLED Hospital of ECHS Poly Clinic will provide free service when the patient will bring referral form from ECHS and without that referral form it is the discretion of the doctor to decide if the case is of acute emergency then only the doctor can treat the patient under the policy even without the referral form. On the advice of the O.P No.2 the complainant again went back to O.P No.1 and brought only his referral form and did not bring the referral of his wife due to which when the complainant brought the referral form then there after the O.P No.2 did not charge anything from the complainant but the O.P No.2 could not provide free medicine and treatment to the wife of complainant as the complainant failed to bring any referral form from O.P No.1 concerning the wife of the complainant. The complainant after consulting the doctor in OPD purchased the medicine of his own and got conducted his Ultrasound and himself paid the charges with his own consent, as the problem of abdomen pain was mild but later on after taking advice from OP No.2 the complainant went to OP No.1 and brought only his referral form from O.P No.1 and thereafter the O.P No.2 did not charge any treatment medicine cost from complainant concerning his treatment. The OP No.2 provided the medical aid to the complainant and his wife when they were suffering pain in their abdomen and the doctor on duty did not find the pain to be very severe and emergency problem as such after consulting OPD the complainant purchased the medicine and at that time the complainant had no referral form of OP No.1 either of the complainant an of his wife. ECHS policy prescribes a list of medical ailment which fall within the definition of emergency medical ailments and if any patient having the medical problem listed in the list of emergency aliments then the doctor on duty can provide free treatment without waiting for any referral form from the ECHS poly clinic but in case of any other medical ailment or any medical ailment found to be mild by the doctor on duty then such patient cannot be provide free of cost treatment without the referral form from the concerned ECHS poly Clinic. And this very fact is also recorded in the MOU & time to time guideline issued by ECHS. On 23-02-2019 complainant and his wife came to the OP No.2 in their OPD.  The OP No.2 is empanelled hospital to ECHS Poly Clinic Tarn Taran. The OPD Slip of Paramjit Singh dated 23-02-2019 is Ex-O2/2 and OPD slip of wife of the complainant 02/3. It is the duty of the doctor on duty in OPD to advice the patient the required medicine for his medical ailment but it is not compulsory for any patient to purchased prescribed medicine from the OP no.2. Rather any patient is free to purchase the medicine from outside which has been prescribed by the doctor of OP no.2. As it is already mentioned that it is the doctor to decide whether the medical ailment is of emergency nature or it was a temporary medical problem. The doctor of OP No.2 found the problem of the complainant and his wife minor abdomen problem and after consulting the OPD the complainant purchased the medicine he was having no referral form of ECHS Tarn Taran due to which the complainant paid the medicine expenses and ultrasound of his own but later on the advice of OP No. 2 when the complainant went back and brought only his referral from ECHS Poly Clinic Tarn Taran. Thereafter, the OP No. 2 did not charge anything for any treatment and medicine complainant. The complainant and his wife was not admitted in the hospital on 23.2.2019 as the doctor on duty found the medical problem of the complainant and his wife as mild and after OPD consultation the doctor provided the medicine to the complainant on OPD slip which was also compliment to. The OP No. 2 never shown any deficiency in service and never did any bad trade practice.  It is the policy that the incharge of ECHS will give a referral form to the patient then only the empanelled hospital will provide free service under that scheme. Only the doctor on duty will decide if the case/ problem is of acute emergency then only the doctor may provide free services under the scheme. The opposite party No. 2 has denied the other contents of the complaint and prayed for dismissal of the same. Alongwith the written version, the opposite party No. 2 has placed on record affidavit Ex. O/1, OPD Slip of Paramjit Singh dated 23.2.2019 Ex. O2/2, OPD slip of wife of Paramjit Singh dated 23.2.2019 Ex. O2/3.

4        We have heard the Ld. counsels for the complainant and opposite parties and have carefully gone through the record placed on the file.

5        Ld. Counsel for the complainant contended that on dated 22/23 February, the complainant suffered abdominal pain in the night and at about 4.00 AM the sons of the complainant took him to Guru Nanak Dev Super-Specialty Hospital Tarn Taran i.e. OP No. 2 which is a empanelled hospital for ECHS. His wife Smt. Jasbir Kaur was also suffering from abdominal pain and also admitted in the emergency ward of opposite party No. 2. After reaching the hospital they were advised by the doctors to have some medicines and the opposite party No. 2 charged a sum of Rs. 226/- from the complainant for the prescribed medicines. Ld. Counsel for the complainant contended that the complainant was denied for his free treatment being ex service man as he was entitled for the free of cost treatment. Ld. Counsel for the complainant further contended that the complainant was still suffering from abdominal pain and as such, they went to obtain the referral form at ECHS Polyclinic Tarn Taran at about 9 A.M. on the same day from Dr. Karan Grewal MO ECHS Polyclinic, where the referral form was made at 9 A.M. whereas it was issued to the complainant at about 10 A.M. where the complainant was made wait for one hour which is a violation of SOP treatment measurement in the ECHS. He further contended that the opposite party No. 1 came to the office late as such there was delay in the issuance of referral form.  As such, the complainant is seeking the direction from this commission against the opposite party No. 1 to pay Rs. 2,00,000/- with 18% interest till realization of the money as compensation.   

6        Ld. counsel for the opposite party No. 1 contended that the complainant has deliberately named Col. Paramjit Singh Dhillon retired in the case due to personal enmity just to harass as he was checked for his rudeness by the opposite party No. 1 in his office as complainant’s son was stopped for repeatedly tress passing and entering polyclinic pharmacy without any authority. The ECHS empanelled hospitals are governed by SOP issued by the Govt. time to time.  The military hospitals remained open 24 Hrs for free treatment for retired service man and their dependents. If any money is received by the hospital in emergency is reimbursed upon submitting the claim. Ld. Counsel for the complainant further stated that the complainant is a habitual complainant and had written various letters against the officials of the Army. As and when the complainant and his sons approached to the ECHS Polyclinic he was given referral form at the earliest. Ld. Counsel for the opposite party No. 1 further contended that Polyclinic opened at 8.30 a.m. and his son came to reception counter between 8.45 to 9 .A.M. to take the referral forms. Slips were made for complainant as well as his wife Jasbir Kaur at 9.A.M. Thereafter, his son went to doctor Karan Grewal i.e. medical officer on duty at 9:10 AM and asked MO to issue two referral forms for admission to the hospital. As both patients were not present in the polyclinic physically as such, doctor Karan Grewal stated he cannot give proxy referral as per SOP on treatment management in ECHS as Ex. OP1/1.  Between 9.15 to 9.25 complainant came to the polyclinic from his residence, therefore, Dr. Karan Grewal made referral for ultrasound abdomen and anything else. Thereafter, he came to office of opposite party No. 1 and he came polyclinic 9.30 a.m. and went to see the working at reception center and then came to his office at 9.40 a.m. Ld. Counsel for the opposite party No. 1 further stated that he signed the referred on 9.45 a.m. and also rang up hospital staff to return his Rs. 226/-. Further the complainant was angry that his proxy referral were not signed and it be stated that only serious patients bed ridden/ patient on wheel chair are given proxy referral.  He further contended that if opposite party No. 2 has charged the fee for the treatment, it was between complainant and opposite party No. 2 and as per Para No. 45C of SOP clearly states that doctor will decide the level of emergency and not the patient and if some emergency is confirmed then cashless treatment will be given by the hospital.  The empanelled hospitals can not charge any money if there is some referral or if there is any emergency then the empanelled hospital cannot charge the money from the patient.  He further contended that when the referral was given to the complainant, after that the hospital has not to charge any money from the complainant. If any money is charged in the emergency cases, where there is no referral 100% reimbursement is given after filling the form. Ld. Counsel for the opposite party No. 1 further contended that the opposite party No. 1 came to the office well within time which has been reflected in his salary slip and in monthly attendance report based on which salary is made. In notes column of monthly salary return details of every minutes are given from 8.30 a.m. to 4.30 p.m. in winters to station head quarter and salary is paid by minutes and absence is penalized by deduction of equivalent amount. As such, there is no deduction in the salary as the opposite party No. 1 was very much on duty.  As such, there is no deficiency on the part of the opposite party No. 1.

7        Ld. Counsel for the opposite party No. 2 contended that the complainant is not a consumer of opposite party No. 2 and further stated that the complainant alongwith his wife came to the opposite party No. 2 for their treatment on 23.2.2019 and they consulted the doctor at OPD of OP No. 2 and certain medicines were advised to the complainant and his wife for the pain in their abdomen. He further contended that at that time complainant did not show any referral form of ECHS due to which the complainant had to pay ultra sound charges as well as medicine charges. It was also intimated to the complainant by opposite party No. 2 that the empanelled hospital of ECHS polyclinic provides free service when the patient brings referral from ECHS and in case of acute emergency then the doctor can treat the patient even without the referral form. When the opposite party No. 1 brought his referral form he was given the free treatment. He further contended that there is list of acute emergency if any person falls within that parameter then only free treatment is to be given to the patient and doctor of opposite party No. 2 found that problem of complainant and his wife of minor abdominal problems as such, medical expenses was charged as the complainant has not shown any referral as well as medical emergency as such he was charged and there was no deficiency on the part of the opposite party No. 2.

8        From the combined and harmonious reading of documents and pleadings is going to prove on record that the complainant has sought the relief against the opposite party No. 1 as well as opposite party No. 2. Let us discuss the relief against the opposite party No. 1. The only grievance of the complaint against the opposite party No. 1 is that he has not given the referral form within time as he has to wait to get the referral form for more than one and half hour. In this regard, the opposite party No. 1 has stated that that on 23.2.2019, both Havaldar Paramjit Singh and his wife Jasbir Kaur not came to the Polyclinic personally for referral. One of his son came to the Polyclinic and made two slips from the reception center manned for regular army person. Polyclinic opens at 8.30 AM and his son came to reception counter between 8.45 A.M. to 9.00 AM. Slips were made for both. Thereafter his son went to Doctor Karan Grewal i.e. M.O. on duty at 9.10 A.M. He asked M.O to issue two referrals for admission to the hospital for complainant and his wife as both the patients were not present in the polyclinic physically, M.O. Dr. Karan Grewal stated that he cannot give proxy referral as per SOP on treatment management in ECHS. Ex. OP1/1. This act of the M.O. made complainant angry and then in between 9.15 to 9.25 he came polyclinic physically. Thereafter, Dr. Karan Grewal made referral for him for Ultrasound abdomen and anything else. Dr. Karan Grewal signed the referral form between 9.25 to 9.30. Thereafter he came to the office of opposite party No. 1 and the opposite party No. 1 reached polyclinic 9.30 A.M. and went to see working at reception center and reached the office at 9.40 A.M. Thereafter his referral form was signed. The complainant alleged that there was deficiency in service in making the referral form within time. But we are not agreed with the complainant as opposite party No. 1 has explained the circumstances which is not on the part of opposite party No. 1, rather, the complainant’s son reached the polyclinic for getting the proxy referral which is against the SOP as such the MO of the ECHS asked them to remain physically just to get the referral, as such the complainant as well as his wife reached the polyclinic and that delay is also on the part of the complainant.  The opposite party No. 1 has also annexed the salary slip Appendix E and monthly attendance report on which salary is made and in the notes column of monthly salary slip detail of every minutes are given from 8.30 A.M to 4.30 P.M to station head quarter and salary is paid by minute and if there was any absence that would have penalized by deduction of equivalent amount. As per opposite party No. 1 he has some official work to attend at Amritsar ECHS Amritsar from 8.30 A.M. to 9.00 A.M. and same is reflected in the salary report.  As such, the claim of the complainant that he waited for one and half hour is wrong and if there is any delay that has been duly explained by the opposite party No. 1.  As such, there is no deficiency on the part of the opposite party NO.1.

9        The other allegations of the complainant that the opposite party No. 2 has charged Rs. 226/- when the opposite party No. 1 came to know about the amount of Rs. 226 has been charged, he immediately ranged up the official of the opposite party No. 2 to return the same but the complainant has not received the said amount reason best known to him. The complainant has also alleged that the opposite party No. 1 had not made any alternative arrangement in his absence but he can only make the alternative arrangements in case of absence, as he was on duty on that day, there was no need to make alternative arrangements. Moreover, this fact has also been proved by the medical tests that there was no emergency.

10      The complainant has sought the directions against the opposite party No. 2 to refund the money of Rs. 226/- with 18% interest as well as to pay Rs. 2,00,000/- as compensation with 18% interest. But we are not agreed with the relief of the complainant that there was no deficiency and unfair trade practice on the part of the opposite party No. 2 as the complainant reached the hospital on 23.2.2019 and at that time the complainant has not produced any referral form of ECHS due to which the complainant had to pay ultrasound charges as well as medicine charges. Further it was also made clear by the opposite party No. 2 that if he will produce the referral form of ECHS then he will be given free treatment.  But at that time there was no referral form as such the opposite party No. 2 has rightly charged Rs. 226/- from the complainant and on the next day when he produced the referral form he was given free treatment. The second allegation against the opposite party No. 2 is that he has acute abdominal pain, as such, he should have treated free of cost as per SOP. But we are not agreed with the complainant, only Doctors can suggest whether there was emergency or not. The complainant could not say that there is acute emergency. Moreover, ultrasound report of the complainant suggests that the complainant has no serious problem except fatty lever Grade I.  As such, it is crystal clear that there was no acute emergency as the ailment was not in the parameter of acute emergency, the opposite party No. 2 rightly refused the complainant for free treatment. Moreover, as per Ex. C-4 it is prescription slip of Paramjit Singh of hospital of opposite party No. 2 where it has not mentioned that he is an ex-serviceman and entitled for free treatment for abdominal pain, as such, there is no negligence on the part of the opposite party No. 2.

11      The opposite party No. 2 has charged Rs. 226/- for treatment and hospital was ready to reimburse the said amount on the recommendation of opposite party No. 1 but the complainant has not received the money from the opposite party No. 2 till date. The complainant was also made aware that he can get the reimbursement of the said amount after filling the form because as per the SOP if the hospital charges any amount for treatment from the ECHS member he can get reimbursement after following the process to get back the amount. But in the present complaint, the complainant failed to produce on record that he has requested for reimbursement but the same has not been paid to him. As such, there is no deficiency in service on the part of the opposite party No. 2 and the opposite party No. 2 has validly charged Rs. 226/- from the complainant.

12      In view of the above discussion, we do not find any merit in the complaint and the same is hereby dismissed with no order as to costs. Case could not be disposed of within the stipulated period due to heavy pendency of the cases in this Commission. Copies of the order be furnished to the parties as per rules. File is ordered to be consigned to the record room.

Announced in Open Commission.

26.7.2024