D.O.F:22/09/2016
D.O.O:29/04/2022
IN THE CONSUMER DISPUTES REDRESSAL COMMISSION KASARAGOD
CC.No.243/2016
Dated this, the 29th day of April 2022
PRESENT:
SRI.KRISHNAN.K : PRESIDENT
SRI.RADHAKRISHNAN NAIR.M: MEMBER
SMT.BEENA.K.G : MEMBER
T. Subair
S/o L.T Kunhabdulla Haji (Late)
Barkkath Manzil
Market Road, Nileshwar
Kasaragod Dist : Complainant
(Adv: Shajid Kammadam)
And
1. Dr. Hafees Rahman
Chairman
Sunrise Group of Hospital
Kanhangad.
2. Dr. Raghavendraprasad
Managing Director
Sunrise Hospital
Kushavankunnu
Kanhangad
3. Satheesh Nambiar : Opposite Parties
Manager,
Sunrise Hospital
Kushavankunnu
Kanhangad
4. Sudha Ashokan
Receptionist
Sunrise Hospital
Kushavankunnu
Kanhangad
5. Sunrise Hospital
Ram Nagar Road
Kanhangad – 671531
Rep by its: Authorised Officer
(Adv: Mahesh.M)
ORDER
SRI.KRISHNAN.K : PRESIDENT
The complaint filed under section 12 of Consumer protection Act 1986.
Case of the complainant is that his wife Nazeema admitted in the Opposite Party hospital on 26/08/2016 for post delivery treatment. During admission daily room rent is quoted at Rs. 1200/- for AC room. Complainant is not agreeable, offered to shift to city hospital. Complainant demanded consultation /treatment details documents. It is not given, but promised to provide AC deluxe room 315 by disconnecting AC facility thereby with reduced rent of Rs. 100 per day. Since ac is disconnected water dropped inside room. To avoid water dropping to the child, shifted to non AC room No. 302 on 29/08/2016. On 01/09/2016 discharge bill issued but no concession given in the room rent for three days at Rs. 100/- per day. When reminded complainant suffered insult in the presence of other patients. He was compelled to pay the service of Opposite Party, complainant suffered financial loss and insult. Therefore complainant claimed Rs. 1,00,000/- as compensation.
2. The Opposite Party No: 1 to 4 filed joint version denying the allegation in the complaint. Opposite Party No: 5 is impleded. The Opposite Party No:5 filed memo adopting written version of Opposite Party No:1 to 4. Complainant insisted Ac suit room with disconnection AC and requested concession of not using Ac connection. The Opposite Party agreed to give concession of Rs. 100 per day. Complainant agreed for the same. Admitted in the room No: 315 on 29/08/2016 after delivery she expressed her desire to shift another room with same facility and changed to room No: 302. On discharge complainant started to bargain for more discount which Opposite Party refused. He paid entire amount to the cashier but not accepted the refund of rupees 300. All other allegations are false and denied the compensation claim is without any justification and hence complaint to be dismissed.
3. The complainant filed chief affidavit marked documents Ext a1 to A3 marked. Ext A1 is the prescription dated on 01/09/2016 Ext A2 is the cash bill dated 1/09/2016 Ext A3 is the copy of the bill issued by documents.
Opposite Party filed chief affidavit marked entire case sheet as Ext B1 considering the contentions raised by parties, documents produced materials placed, following points arise for considerations.
- Whether there is any deficiency in service on the part of the Opposite Party in not providing agreed concession?
- Whether complainant is entitled for compensation?
- If so for what reliefs?
Definite case of the complainant is that Opposite Party agreed to provide a discounted of Rs. 100/- per day for the room. Opposite Party in their version (inpara No: 3 (a) admits the same. Further Dw1 while in box in page 2, during cross examination, admits that in his affidavit Opposite Party agreed to provide room with a discount of Rs. 100/- per day. He admits that Ac room is provided with discount. Dw1 deposed that Ac facility requested for room No: 302. But no such case for Opposite Party in version or chief affidavit.
So dispute is restricted to the extent that Opposite Party is ready to provide discount of Rs. 100/- per day for three days which complaint is not agreeable. Complainant claims promised discount for six days. While in hospital. Opposite Party did not even refund Rs. 300/- in hospital. Opposite Party did not even refund Rs. 300/- agreed by them in their version. In view of the specific admission in written version, chief affidavit of Dw1 and during cross examination discussed here above, Opposite Party agreed to provide discount of Rs. 100/- per day with disconnected Ac facility. Ac facility is disconnected and refused to provide disconnected room rent of Rs. 100/- per day for six days amounts to deficiency on service for which Opposite Party is liable to pay compensation. Complainant is also entitled to cost of the litigation.
The complainant suffered financial loss of Rs. 600/- besides he has suffered insulting from the hospital staff for insisting discount facility in the room rent agreed to pay by Opposite Party at the time of admission. The complainant claims Rs. 1,00,000/- as compensation. Whereas Opposite Party agreed to pay Rs. 300/- as discounted rents Opposite Party has taken much effort to deny the claim of complainant to the tune of Rs. 300/- by following its version running to five pages, chief affidavit in four page, faced cross examination covering six pages still not ready to pay agreed discounted rent of Rs. 100/- per day for six days thereby challenge the basic rights guaranteed to a consumer under Consumer Protection Act. And thus considering the nature and circumstances of the case, complainant is entitled to Rs. 600/- towards discounted room rent and also entitled to compensation as above. This commission finds an amount of Rs. 10,000/- is reasonable compensation and entitled for cost of litigation.
In the result complaint is allowed part Opposite Party is directed to pay Rs. 600/- towards refund of discounted room rent for six days, and also pay Rs. 10,000/- (Rupees Ten thousand only) towards compensation along with Rs. 5000/- (Rupees five thousand only) as cost of litigation within 30 days of the receipt of the order.
Sd/- Sd/- Sd/-
MEMBER MEMBER PRESIDENT
Exhibits
A1- Prescription 19/01/2016
A2 series- Cash bill
A3- Receipts
B1- Documents filed by Opposite Parties Dt : 20/01/2017
Witness Examined
Pw1- T. Subair
Dw1- Satheesh
Sd/- Sd/- Sd/-
MEMBER MEMBER PRESIDENT
Forwarded by Order
Assistant Registrar
Ps/
