BEFORE THE DISTRICT CONSUMER DISPUTES REDRESSAL FORUM, AMRITSAR.

Consumer Complaint No. 630 of 2015

Date of Institution: 19.10.2015

Date of Decision: 28.10.2015 

Sh.Ajay Mahajan son of Sh.Naresh Pal Mahajan, resident of H.No. 2627, Gali No.2, Tehsilpura, Amritsar.

Complainant

Versus

Dr.Karam Singh Memorial Multi Specialty Hospital, through its Director/ Principal Officer, Circular Road, Amritsar.

Opposite Party

Complaint under section 12 and 13 of the Consumer Protection Act.

Present: For the Complainant: Sh. Anil Bhatia, Advocate

Quorum:

Sh.Bhupinder Singh, President

Ms.Kulwant Kaur Bajwa, Member

Mr.Anoop Sharma, Member     

Order dictated by:

Sh.Bhupinder Singh, President.

1. The complainant has filed the present complaint against the Opposite Party with the allegations that on 29.9.2015, the complainant got his examination test done through his doctor and  the complainant was declared the patient of NS1 Positive and his Total-Leucocytes-Count were reduced to 2800/Cumm and his Platelet count were 1.45 lacs/Cumm. The complainant approached Opposite Party-Hospital at about 1.00 pm on 29.9.2015 and requested the doctor  of Opposite Party-Hospital to admit the complainant and to  start the treatment as early as possible. Complainant further alleged that the officials of the Opposite Party-Hospital received the file of the complainant containing the doctor prescriptions and tests reports and the staff of the Opposite Party-Hospital started completing the formalities and kept the complainant stood fully knowing that he was patient of NS1 Positive. The complainant requested the staff of the Opposite Party-Hospital to arrange separate room for his treatment. At about 2.30 pm the complainant was told that Room No.203 at 2^nd floor had been given to him and when the complainant reached Room No.203 at 2^nd floor, he found that said room was not a single room, but it was a Ward containing more than 6 patients. The complainant approached the hospital staff that he wanted separate room for his treatment, but the staff of the Opposite Party-Hospital told that no room was available for the treatment of the complainant and it was for the Opposite Party-Hospital to see where the complainant was to be admitted.  Opposite Party-Hospital did not start the treatment of the complainant despite the fact that he had temperature of about 102° Fahrenheit. So, the Opposite Party harassed the complainant and the complainant had to leave the Opposite Party-Hospital for his treatment at about 3.30 pm. The complainant requested the staff of the Opposite Party-Hospital to return his file, but the staff of the Opposite Party-Hospital refused to return the file, rather they asked the complainant to pay money as they had given him room for his treatment. Then the complainant got his treatment at New Bhandari Hospital, Majitha Road, Amritsar on the same day i.e. 29.9.2015.  Ld.counsel for the complainant submitted that all this amounts to deficiency of service on the part of the Opposite Party-Hospital qua the complainant.         
2. We have heard the ld.counsel for the complainant and have minutely gone through the record produced by the complainant.
3. The complainant has alleged that he got his examination test done through his doctor  on 29.9.2015 and he was declared the patient of NS1 Positive and his Total-Leucocytes-Count were reduced to 2800/Cumm and his Platelet count were 1.45 lacs/Cumm. Then the  complainant approached Opposite Party-Hospital for admission and treatment  at about 1.00 pm on 29.9.2015. The staff of the Opposite Party-Hospital started completing the formalities and the complainant asked the staff  of the Opposite Party-Hospital to arrange separate room for his treatment, but the staff of the Opposite Party-Hospital told the complainant that no separate room was available for the admission/ treatment of the complainant in the Opposite Party-Hospital and he was given bed in Room No.203. Complainant alleges that Room No.203 was not a single room, but it was a ward containing more than 6 patients, but the complainant insisted for separate room for his treatment. As no separate room was available in Opposite Party-Hospital for the treatment of the complainant, so he left the Opposite Party-Hospital at 3.30 pm and got himself admitted in New Bhandari Hospital, Majitha Road, Amritsar on the same day i.e. 29.9.2015 at 3.30 pm. All this shows that the complainant was neither admitted in the Opposite Party-Hospital nor he got any medical treatment in the Opposite Party-Hospital nor the complainant deposited any amount for his admission in the Opposite Party-Hospital nor any file of the complainant was prepared by Opposite Party-Hospital nor any medicine was prescribed to the complainant. Rather the complainant was insisting for separate room for his admission for medical treatment at Opposite Party-Hospital. But the staff of the Opposite Party-Hospital categorically stated that there was no separate room available in the Opposite Party-Hospital for the treatment of the complainant. So, all this shows that the complainant did not get any service from the Opposite Party-Hospital nor he paid any amount to Opposite Party-Hospital nor the complainant could produce any document to prove that he paid any amount to the Opposite Party-Hospital and got the services of Opposite Party-Hospital. Until and unless the customer gets services from the Opposite Party for consideration, he does not become the consumer qua that Opposite Party. No doubt, ld.counsel for the complainant submitted that the complainant asked the staff of the Opposite Party-Hospital to return his file and the prescription slips, but the Opposite Party did not return the file of the complainant and the prescription slips, but this plea of the complainant is not tenable. Had the complainant given his prescription slips, test reports to the Opposite Party-Hospital and the Opposite Party-Hospital did not return the same to the complainant, he could get the duplicate copy of the same and could produce the same in this Forum, but he did not do so. Moreover, the complainant did not lodge any complaint with the police or any higher authorities i.e. Civil Surgeon or Medical Council of India (MCI) who is the controlling authority of the hospitals. So, from the entire above discussion, we have come to the conclusion that the complainant is not a consumer of the Opposite Party-Hospital, as such, his complaint is not maintainable.
4. Resultantly, the complaint is ordered to be returned to the complainant. Copy of the order be furnished to the complainant free of costs. File is ordered to be consigned to the record room.

Dated: 28-10-2015.                                          (Bhupinder Singh)                                                                                                President

hrg                                                (Anoop Sharma)     (Kulwant Kaur Bajwa)   

              Member                         Member