Complainants by filing this complaint has submitted that his father Sri Dilipraj Chowdhury, aged about 93+ was admitted to Divine Nursing Home in ICU on 30.06.2012 at 00:30 hours (AM) in ICU Bed No.105 under the supervision of Dr. Subhajir Guha.  Dr. Charan Roy was appointed as supporting doctor by Dr. Guha and complainant also took the advice of Dr. P.S. Mondal as his family physician and under the advice of doctors his father was kept in ICU the following day i.e. on 01.07.2012 and was shifted to Super Delux Ward Bed No.521 on 02.07.2012 amounting to Rs.1500/- per day which was costly and burden for them.  Though all the doctors advised for shifting the patient into the General Ward on 01.07.2012 costing Rs.700/- per day but Mr Charan Singh the floor manager of ICU ignored this order and kept his father in ICU and for that day I.e. on 02.07.2012 his father was shifted to Super Delux Ward instead of General Ward and this incident was happened without complainant’s knowledge by suppressing the fact.

          However, when the bill was made for the stay in ICU, complainant was charged surprisingly an amount of Rs.10,500/- for 3 days i.e. from 29.06.2012 to 01.07.2012 @ Rs.3,500/- per day excluding other surcharge and taxes and this was unpredictable and unacceptable on him part as he admitted his father on 30.06.2012 which clearly stated in the Nursing Home documents including discharge certificate.

          In addition to that he wanted to highlight some more discrepancies in his bill in connection with inhumane torturing on his father in the name of treatment by injecting 34 numbers of Glucometer Test during 5 days when his father was an anemic and having 6.5% hemoglobin at the time of admission and the charges for the above tests taken by the Devine Nursing Home for Rs.2,040/- @ Rs.60/- per test but actually it was not done.

          Further it is submitted that on the day of discharge i.e. on 06.07.2012 before 9 AM Devine Nursing Home authority charged Rs.3,394/- as service charges which is absolutely a fictitious and vexatious amount.  Further it is submitted that Dr. Charan Roy had wrote discharge certificate in the evening on 05.07.2012 in front of his and clearly advised the nurse in charge to release complainant’s father on 06.07.2012 within 9 AM.  But with a great surprise complainant found that lots of surgical applicances, injections and medicines were supplied on 06.07.2012 in the name of complainant’s father at the time of discharge in the morning what costs adding Rs.2,537.70/- was completely false and malafied.

          Complainant informed the matter to the doctors, floor managers and all other related persons of Nursing Home especially to Mr. Kartick (Sr. Administrator) and Rtn Srikumar Chakraborty the General Manager(Operation) Divine Nursing Home Pvt. Ltd. to look into the matter and exempt him from the ICU charges for 29.06.2012 and all other discrepancies bills including the charges for surgical applicances, injections and medicines etc.  But practically Nursing Home Authority asked him to deposit the nursing home bills i.e. Rs.44,192/- immediately otherwise bed charges for Rs.1500/- for the day would be included in his bill.  Simultaneously, complainant was advised to write a letter with the prayer for exemption of money for Rs.3500/- which is illegally charged for ICU on 29.06.2012.  Then after discharging his father from the nursing home on 06.07.2012, nursing home asked him if he would place it in the Board meeting of Devine Nursing Home day after so that complainant can get refund of his claim amount but till date no communication was made by them.

          Due to worries anxieties of his old father he was under mental pressure and within that stipulated 3 hours period of time he could not verify the total bill except the extra ICU bed charges for Rs.3,500/- and paid the charges and released his father.  But subsequently all those discrepancies were detected and the matter was reported to the ops but they did not do it and practically by adopting some unfair means they collected huge amount which are unfair trade practice in nature and that total amount of Rs.11,291/- was paid and complainant has prayed for refund of the same.

          On the other hand op filed written statement wherefrom fact remains that the complainant’s father was admitted to Devine Nursing Home at mid night i.e. at 00:30 hours of 30.06.2012 but it generally stated 29.06.2012 and complainant took advice of Dr. P.S. Mondal as his family physician.  But it is submitted that nursing home acted as per direction  of the doctors who treated him and doctors advised on 30.06.2012 at 11 AM after checking the patient and after consulting Dr. Charan Roy to shift the patient CM to male General ward if patient condition is stable but on 01.07.2012 the doctor advised to shift the patient to cabin with Aya w.e.f. 02.07.2012.  So the allegation as alleged by the complainant in his complaint is not true.  But op shifted the patient in next available bed though as per advised the patient could be shifted in the cabin which costs more.  But op did not do any wrong with the patient and it is also not correct that the op charged surprisingly. But fact remains that complainant’s father did not admit in the nursing home on 30.06.2012 at 00:30 hours and total day counts from 9 AM to next day 9 AM for the billing purpose he was admitted.  For the day as on 29.09.2012 midnight 12:30 i.e. 00:30 hours of 30.06.2012 so bed charge was counted from 29.06.2013 and thereafter from 30.06.2012 9 am to 02.07.2012 at 9 am to 9am.  It is further submitted that op generally denies and dispute the statements made therein.  In particular it is denied that there is any negligence on the part of the op and the fact remains when the complainant submitted letters to the op and op took care of the same and after scrutiny the complaint was informed about all his misunderstanding and after knowing the truth the complainant left the nursing home premises without any objection and fact remains that the complaint is vexatious and for some malafide reasons it was submitted. So under the circumstances the complaint should be dismissed.

                                                  Decision with reasons

          On proper consideration of the entire argument as advanced by the Ld. Lawyer for the complaint and also the written version and the papers it is proved that complainant’s father was admitted on midnight of 29.06.2012 and it is also undisputed fact that his father was in the hospital up to 06.07.2012 at 9:30 AM and was discharged from the nursing home and during that period he was treated as his condition was very serious and about procedure treatment there is no allegation of negligence and after study of the complaint, it is found that it is not a case of negligence on the part of the nursing home of the hospital authority about the treatment.  But very allegation of the complaint is that the op nursing home charged some extra charges without any valid reasons and no doubt such an allegation is treated as unfair trade practice.  But anyhow in the complaint allegation is that op adopted an unfair trade practice and charged excess amount of Rs.11,291/-.  However, on the basis of the allegation of the complainant we have taken up the matter to judge whether any excess amount was charged by the op or not and in this regard we have also heard the argument of the Ld. Lawyers and also considered the bill as submitted by the complainant and on thorough checking of the said bills it is found that father of the complainant was admitted on 29.06.2012 at 00:30 hours i.e. on 02.06.2012 and fact remains that from 30.06.2012 at 00:30 hours to 02.07.2012 up to 9:30 AM his father was in the ICU as his father aged about 93 years was serious and his hemoglobin was 6.5 and considering the condition of the aged person as per advice of the doctor he was placed at ICU and ICU charges was Rs.3,500/- per day i.e. in between 9AM of the one day up to 9:30 AM of another day.  So considering that fact it is clear that op charged Rs.10,500/- for 3 days stay at ICU and considering that fact it is found that op did not charge any extra charge about bed charge because 3 days at ICU charge is Rs.10,500/- and balance 4 days charge was Rs.1,500/- per day i.e. Rs.6,000/-.

          So, it is found that op charged bed charge to the extent of Rs.16,500/- which was completely correct assessment in respect of the rate of bed charges.

          Regarding the complainant’s allegation that op in the name of treatment by injecting 34 numbers of Gulucometer test during 5 days charged a bill of Rs.2,040/- @ Rs.60/- per test and it was impossible for any treatment.  But in this regard we have gone through the treatment sheet as produced by the complainant wherefrom it is found that the doctor specifically prescribed Gulucometer test must be made after alternative one hour and that was prescribed by the doctor on 30.06.2012 at the time of admission.  So, invariably that was done by the attendant nurses on the basis of the prescription of the doctor and no doubt same is reflected in the bill and in all respect the doctor signed on each date’s prescription and nursing home authority only complied the same and if actually there was any fault that was on the part of the doctor who advised for Gulucometer test for alternative one hour and in this regard complainant has failed to produce any such certificate from the doctor who examined and treated the father of the complainant that doctor never prescribed for alternative one hour Gulucometer Test and at the same time there is no allegation on the part of the complainant that the doctor never prescribed for Gulucometer test on each alternative one hour. 

          Considering the prescription we have gathered that as per advice of doctor Gulucometer test was done and no doubt for each test Rs.60/- was charged and 34 numbers of Gulucometer test was done during the 7 days stay of the complainant’s father and so that in allegation Gulucometer test charge of Rs.2,040/- is excess is completely baseless.

          About service charge we are convinced to hold that complainant’s father was in the nursing home from 30.06.2012 to 06.07.2012.  But it is mandatory provision that about service charge there cannot be any allegation in view of the fact service charge must be paid in the private nursing home or hospital.  So, in respect of the allegation that is service charge to the extent of Rs. 3,394/- as assessed is not at all tenable in the eye of law.  No doubt regarding supply of medicine on 06.07.2012 and for charging Rs.2337/- complainant has alleged that there is no ground for charging such medicines cost on 06.07.2012 because he was discharged on 06.07.2012 at 9:30 AM.  In this regard we have gone through the prescription and discharge certificate dated 06.07.2012 and considering the discharge certificate dated 06.07.2012 issued by the doctor of nursing home authority it is clear that in the advice doctor referred some medicines and those medicines were also supplied by the op and at the time of release of the complainant’s father said medicines were handed over to the complainant and for which Rs.2537/- was assessed.  It is peculiar that complainant has not stated that at the time of release they did not get some medicines for conservative treatment of his father at his home.

          So considering all the above factors we are convinced to hold that complainant has miserably failed to prove any over act of the ops and regarding charging fees in respect of the treatment cost or purchasing of medicines or of Gulucometer test or about bed charge and now a days it has become a practice to appear before this Consumer Forum by bringing some allegations but we are not telling any consumer not to come before Forum but it is the advice to the consumer to come before the Forum with certain materials which may be considered as materials before hand of the complainant for filing the complaint and practically in this case the complainant ought to have verified it after admission after collecting the fees chart on different type of treatment or service charge of the nursing home and any other test charges and if same would be supplied before this Forum in that case the matter can be adjudicated to by verifying the fee chart but in this case complainant has failed to prove any such document i.e. document of the op that op’s demanded or received any excess charge for the treatment for testing and services charge etc at the time of the release of their father against chart of fees of op and for which we have failed to appreciate the allegation of the complainant against the op at this stage and fact remains we have tried hard to search out the truth of the allegation but we have failed to search out the truth of the complainant for which the complaint bears no merit in the eye of law.

          After handling this case we have gathered that some instructions may be issued to the above parties in this regard to check up the assessment of charges of treatment of any patient in any private nursing home or private hospital.  First of all the patient party shall collect printed list of their fees and charges and treatment test service charge etc and after treatment when the bill shall be submitted to the patient party, the patient party shall verify with the said chart whether the assessment of fees as made by the private nursing home or hospital is correct or not.  But in this case no such chart of the hospital is produced by the complainant.  Then and for that reason practically complaint was filed blindly.  But we are not telling the nursing homes have not been charging fees at high rate or not.  But fact remains unless and until the Government has not passing any notification regarding fixation of fees and charges for treatment and other charges or service charge etc during the period of the treatment of the patient in any private nursing home or private hospital the bills of those nursing home or private hospital cannot be challenged and but same are not applied to the private nursing home or hospital so the nursing home as per their management direction are bound to take such fees charges which cannot be challenged in any Forum and in this context it is to be mentioned that as per grade of the private nursing home or hospital the charges are varying if any one goes to Asia-Columbia he was finished in one day because minimum cost of treatment per day is Rs.50,000/- and if any one goes to AMRI Hospital daily treatment cost is amounting to Rs.35,000/- and if any patient after release file any complaint against such hospital in that case the consumer forum cannot direct the nursing home to lower down its fees because same does not come under the jurisdiction of the Forum.

          So, we find the Government must have to control such sort of over act of the private nursing home or hospital and private hospital and a fee structure shall be decided by the Government for implementation of the same equally in respect of the treatment of a patient at private nursing home and private hospital and that is required for the purpose of protecting the interest of middle class people who are being cheated in the hospital and nursing home.  But as because this Forum has no jurisdiction to control any private nursing home or hospital to minimize the charges and fees.  So we are not in a position to present this nursing home to control their fees and charges.

          However, in this case we have gathered that practically without testing the doctors who prescribed such treatment at the nursing home is not examined by the complainant or no queries has been made to those doctors who treated the father of the complainant to know whether Gulucometer test was done in 34 instances or not and whether placement of the complainant’s father was ICU required or not and whether service charge of the hospital was such as claimed and whether the medicines prescribed was supplied on the midnight of 05.07.2012.  But the prescription reveals that all medicines were supplied by the op authority as per prescription of the doctors and no medicines and no treatment was provided by the nursing home without the prescription of the doctors but against doctor complainant has no allegation.

          In the result, the complaint fails.

          Hence, it is

                                                          ORDERED

          That the complaint be and the same is dismissed on contest against op but without any cost.