Punjab

Gurdaspur

CC/479/2018

Ramesh Pal - Complainant(s)

Versus

Dr. Payal Arora - Opp.Party(s)

Sh.G.S.Bhullar Adv.

02 Nov 2023

ORDER

DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION, GURDASPUR
DISTRICT ADMINISTRATIVE COMPLEX , B BLOCK ,2nd Floor Room No. 328
 
Complaint Case No. CC/479/2018
( Date of Filing : 30 Nov 2018 )
 
1. Ramesh Pal
S/o Charan DassR/o New Gopal Nagar Ward No.13 near Master Santokh Singh Malhi Jail road Gurdaspur
...........Complainant(s)
Versus
1. Dr. Payal Arora
M.B.B.S M.D (Medicine) Arora Hospital BSF Road Near Railway Station near Shani Mandir Gurdaspur
2. 2. Tagore Hospital and Heart Care Centre
Banda Bahadur Nagar Mahavir Marg Jallandhr through Dr. Vijay Mahajan M.D
3. 3. Arora Diagnostic Centre Jail road Near Central Jail Gurdaspur
through Dr. Rajneesh Arora Jail road Near Central Jail Gurdaspur
............Opp.Party(s)
 
BEFORE: 
  Sh.Lalit Mohan Dogra PRESIDENT
  Sh.Bhagwan Singh Matharu. MEMBER
 
PRESENT:Sh.G.S.Bhullar Adv., Advocate for the Complainant 1
 Sh.Munishwar Nagpal Adv. OP. No.1,Sh.Munish Kumar & Sh.Vishesh Kumar,Adv's OP.No.2,Sh.Manoj Loomba,Adv. OP.No.3,Sh.Ashok Sooden,Op No.5OP No.4 exparte, Advocate for the Opp. Party 1
Dated : 02 Nov 2023
Final Order / Judgement

                                                                   Complaint No: 479 of 2018.

                                                              Date of Institution: 30.11.2018.

                                                                      Date of order: 02.11.2023.

 

Ramesh Pal aged 65 years Son of Charan Dass resident of New Gopal Nagar, Ward No. 13, Near Master Santokh Singh Malhi, Jail Road, Gurdaspur.

                                                                                                                                   ….......Complainant.                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                  

                                                        VERSUS

 

1.       Dr. Payal Arora, M.B.B.S.M.D. (Medicine), Arora Hospital, B.S.F. Road, Near Railway Station, Near Shani Mandir, Gurdaspur.

2.       Tagore Hospital and Heart Care Centre (P) Ltd. Banda Bahadur Nagar, Mahavir Marg, Jalandhar – 144008, through Dr. Vijay Mahajan (M.D) Physician and Cardiologist.

3.       Arora Diagnostic Centre, Jail Road, Near Central Jail, Gurdaspur, through Dr. Rajneesh Arora, (M.D) Consultant Radiologist.

4.       Arora Hospital, BSF Road, Near Railway Station / Shani Mandir, Gurdaspur – 143521.

5.       United India Insurance Company Ltd., Improvement Trust, Hanuman Chowk, Gurdaspur – 143521.

                                                                                                                                      ….Opposite parties.

                                         Complaint u/s 12 of Consumer Protection Act.

Present: For the complainant: Sh.G.S.Bhullar, Advocate.                

              For the opposite party No.1: Sh.Munishwar Nagpal, Advocate.

              For the opposite party No.2: Sh.Vishesh Kumar and Munish        

             Kumar, Advocates.

             For the opposite party No.3: Sh.Manoj Loomba, Advocate.

             For the opposite party No.5: Sh.Ashok Sooden, Advocate.

             Opposite party No.4:  Exparte.

Quorum: Sh.Lalit Mohan Dogra, President, Sh.Bhagwan Singh Matharu, Member.

ORDER

Lalit Mohan Dogra, President.

          Ramesh Pal, Complainant (here-in-after referred to as complainant) has filed this complaint under section 12 of the Consumer Protection Act, (here-in-after referred to as 'Act') against Dr. Payal Arora Etc. (here-in-after referred to as 'opposite parties).

2.       Briefly stated, the case of the complainant is that the complainant was patient of diabetes, blood pressure and infection in his throat and treatment was going on as outdoor patient from Dr. Payal Arora, (Opposite Party No. 1) for the last three years. It is further pleaded that complainant was taking treatment and also taken prescription slip from Dr. Payal Arora and purchased medicines from her hospital on the first week of every month. It is further pleaded that on 01.04.2018, the complainant took the prescription slip of Dr. Payal Arora, like other months, doctor written the medicines on the prescription slip and after taking the medicines from her hospital had gone to his home. It is further pleaded that fourteen medicines were prescribed on the prescription slip and out of which five medicines and were of blood pressure and eight medicines for other purpose and total medicines were taken for the period of one month as per medical advice of the Opposite Party No.1. It is further pleaded that as per the advice of opposite party No.1, the complainant took the dose of five tablets of blood pressure which was very excessive and a normal person cannot bear such a heavy dose. It is further pleaded that in the month of April, 2018 as per advice of the opposite party No.1, the complainant had taken the dose of 15 tablets which was very much excessive. It is further pleaded that after taking the medicines upto 19.4.2018, the complainant again went to Arora Hospital for check up on 20.4.2018 as he felt his head weight and senseless. It is further pleaded that on 20.04.2018, the complainant had been directed by the hospital staff to lay on the bed in the Emergency. It is further submitted that first of all the test of E.C.G. of the complainant was done and that test report was normal. It is further pleaded that after that the diabetes was checked up which was after taking meals, which was shown in of the report, that was also normal. It is further pleaded that the tests Kidney, Blood Urea, S. Cretinnine, S. Sodium and S. Potassium were also done and test reports were normal as no defect was found in all the reports on 20.04.2018. It is further pleaded that on the same day i.e. 20.04.2018, the opposite party No.1 i.e. Dr. Payal Arora advised the complainant to admit in the Hospital immediately otherwise some major problem can arise and it will be dangerous for his life. It is further pleaded that in case any mis-happening occur in that event the complainant will be responsible for the same. It is further pleaded that said doctor pressurized the complainant to get admitted in the hospital due to some mala-fide and ulterior motive. It is further pleaded that complainant told the opposite party No.1 that his daughter is coming from Ropar on Bus on that day, as such the complainant will admit in the Hospital next day. It is further pleaded that accordingly the complainant was admitted in the said Hospital on 21.04.2018. It is further pleaded that on 21.04.2018, the opposite party No.1 did not take any care of the complainant for more than one hour and sent him in General Ward where the Nurses checked the blood pressure of the complainant and same was found normal. It is further pleaded that for more than one hour no medicine was given to the complainant and when no medicine was given, the complainant started walking and incidentally his forehead struck with the wall and due to this reason blood started coming from his nose and in the meantime Dr. Payal Arora came to check the complainant and complainant was shifted to I.C.U and in the I.C.U the treatment of the complainant started. It is further submitted that on 22.04.2018, the opposite party No.1 had referred the complainant to Arora Diagnostic Centre, Jail Road, Near Central Jail, Gurdaspur, (opposite party No.3), for the purpose of MRI (Brain 30), C.E.C. test U.B. whole abdomen and X-ray C.S. Pine AP/Cat Chest, P.N.S Tests. It is further pleaded that opposite party No. 3 conducted the above mentioned tests, who is brother-in-law of Dr. Payal Arora and opposite party No.3 had received very excessive payment from the complainant. It is further pleaded that the complainant was conscious on 21.4.2018 to of 22.04.2018 and due to over dose of medicines / drugs, the complainant had become unconscious from 23.04.2018 to 26.4.2018. It is further pleaded that urine of the complainant was stopped and there was swelling in whole body and from 23.04.2018 to 26.04.2018, the daughter and wife of the complainant remained requesting the opposite party No.1 to discharge the complainant or to refer him to some other hospital having better facilities. It is further pleaded that the opposite party No.1 refused to discharge the complainant and ultimately the complainant was discharged on 26.04.2018 at about 11.00 P.M. (at night). It is further pleaded that at the time of discharge of the complainant, the opposite party No.1 said that complainant had become mental and the heart was going to stop working and even the kidneys of the complainant were damaged and there was no hope of surviving of the complainant. It is further pleaded that by saying these words without and any basis and just to frighten the complainant to take undue advantage of the situation and is deficiency of service in the profession. It is further pleaded that payment of bills received by the opposite party No.1 is also very excessive. It is further pleaded that the charges of medicine were too much high. It is further pleaded that rates of medicine charged from the complainant are very high and it is totally unfair trade practice. It is further pleaded that the opposite party No.1 has not given proper treatment and medicine and there is medical negligence and deficiency in services on the part of the opposite party No.1. It is further pleaded that complainant alongwith his family members have suffered a great mental agony and unnecessary harassment. It is further pleaded that the family members of the complainant had taken the complainant to Tagore Hospital and Heart Care Centre (Pvt. Ltd), Jalandhar and the complainant remained admitted there from 27.04.2018 to 01.05.2018, for five days as indoor patient. It is further pleaded that opposite party No.2 had given proper and better treatment to the complainant and the life of the complainant was saved by Tagore Hospital, Jalandhar. It is further pleaded that Urine of complainant started and swelling was also removed and the Collar of Survical pain was removed and then the complainant became conscious and recognized his family members. It is further pleaded that the doctors of Tagore Hospital told the family members of the complainant that all the tests done by them were normal and heart was also functioning properly, kidneys were normal and urine started coming normal. It is further pleaded that final bills of treatment which were issued by Tagore Hospital, Jalandhar i.e. Rs.83,810/-. It is further pleaded that due to this illegal act and conduct of the opposite parties the complainant has suffered great loss and also suffered mental agony, Physical harassment and inconvenience. It is further pleaded that there is a clear cut deficiency in services on the part of the opposite parties.

          On this backdrop of facts, the complainant has alleged deficiency and negligence in services and unfair trade practice on the part of the opposite parties and prayed that necessary directions may kindly be issued to the opposite parties to pay an amount of Rs.11,00,000/- (Rupees Eleven Lacs only) as damages due to illegal act of the opposite party No.1 and it is further prayed that the opposite party No.1 may be directed to pay compensation and litigation expenses to the tune of Rs.2,00,000/- (Rupees Two Lacs only) for unnecessary harassment and trauma suffered by him due to negligence and deficiency in services on the part of the  opposite parties, in the interest of justice and fair play.

3.       Upon notice, the opposite party No.1 appeared through counsel and contested the complaint and filing their written reply by taking the preliminary objections that the complaint of the complainant is not maintainable as there is no deficiency in service on the part of the OP No.1 who has provided the best services and treatment as per the medical norms. It is further pleaded that OP No.1 has been falsely implicated in the complaint without any reason and rhyme and the complainant has not come to the Hon'ble Commission with clean hands and has suppressed material facts from this Hon'ble Commission. It is further pleaded that as a matter of fact the complainant is claiming the medicine bills on the basis of manipulated false and fabricated bills of Arora Hospital Dispensary.  It is further pleaded that the complainant came for his routine checkup on 01.04.2018 and was prescribed medicines for the ailment of the complainant as per the medical science/norms as the complainant was suffering from Type 2 DMC HTN C HH DC BRONCHITIS. It is further pleaded that complainant was prescribed 15 tablets and as per the condition and treatment of the complainant which were as per medical norms and science. It is further pleaded that it is wrong that the medicines prescribed to the complainant were excessive. It is further pleaded that in such type of ailment the complainant was prescribed medicines for the above mention disease. It is further pleaded that in such type of patients with uncontrolled HTN a patient can be given 5-6 tablets to control HTN. It is further pleaded that it is not the number of tablets which matters and matter is to control the HTN. It is further pleaded that the complainant came for his checkup on 20.04.2018 and advised for various clinical tests which were performed and the reports were normal. It is further pleaded that therefore after giving Antihypertensive and Vertigo medicines as per the condition of the complainant and after feeling relieved the patient was sent to home on 20.04.2018 after prescribing oral medicines. It is further pleaded that even MRI (Head) 3D was also advised on 20.04.2018, but the complainant refused to get it done. It is further pleaded that so as per the report the complainant was never advised to be admitted in the hospital i.e. OP No.4. It is further pleaded that No doctor will advise the patient to be admitted if all the clinical reports are normal which is evident from the clinical reports. It is further pleaded that after the checkup of the complainant and as per the clinical reports the complainant went back to his home as his condition was fine. It is further pleaded that the patient remained admitted in Arora Hospital from 21.04.2018 to 26.04.2018. It is further pleaded that clinical reports from 21.04.2018 to 26.04.2018 clears that the patient was admitted for the diseases Type 2 DMC HTN C Vertigo C Dyselectrolytemia (Hypernatremia) C Septicemia CLRT LRTI and the treatment chart and clinical report clearly shows that his condition was improving day by day, but the attendants of the complainant i.e. his daughter Meenakshi and another daughter insisted the treating Doctor i.e. OP No.1 to discharge the patient. It is further pleaded that so that they can get him treated at hospital at Jalandhar and as per the desire of the attendants the patient was discharged on 26.04.2018. It is further pleaded that the complainant was not referred to Arora Diagnostic Centre to OP No.3 for MRI-3D and X-rays it was the complainant who himself went there and got the MRI and X-rays from OP No.3. It is further pleaded that the complainant was not unconscious even for a single day i.e. 21.04.2018 to 26.04.2018 till last day. It is further pleaded that he was in alerted sensorium, restless, hyperactive. He was taking his diet orally till he was discharged which is very clear from the indoor record i.e. treatment chart, diet chart intake and output. It is further pleaded that the OP No.4 charged I.C.U. Rent and Room Rent as per their norms and also the ambulance charges as per their norms. It is further pleaded that rates of medicines given in this present complaint are different to different as per the manufacturing company. It is further pleaded that it is pertinent to mention here that the Arora Hospital Dispensary provides the best medicines manufactured by the best companies in India. It is further pleaded that the complainant got attested all fraudulently generated bills of Arora Hospital Dispensary from the OP No.1 when she left the Arora Hospital and started her own hospital i.e. M/s R.P. Arora Medicity for claiming reimbursement from the department i.e. Punjab School Education Board from where the complainant retired as Senior Assistant from District Education Officer, Primary Gurdaspur.

          On merits, the opposite party No.1 have reiterated their stand as taken in legal objections and denied all the averments of the complaint and there is no deficiency in services on the part of the opposite party. In the end, the opposite party prayed for dismissal of complaint with costs.

4.       Upon notice, the opposite party No.2 appeared through counsel and contested the complaint and filing their written reply by taking the preliminary objections that the complaint under section 12 of Consumer Protection Act is not legally maintainable against the opposite party No.2 i.e. Tagore Hospital and Heart Care Centre (P) Ltd as no cause of action arose to the complainant, even no cause of action has been pleaded against the opposite party No.2. It is pleaded that the complaint against the opposite party No.2 deserves to be dismissed with costs as the opposite party No.2 has performed the duty to save the patient and this fact is also admitted by the complainant in Para No. 8 of the complaint. Few lines of Para No.8 are reproduced: - "The opposite party No.2 had given proper and better treatment to the complainant and the life of the complainant was saved by Tagore Hospital, Jalandhar". It is further pleaded that complainant himself has admitted that there is no fault of the opposite party No.2 as such the complaint against the opposite party No.2 deserves to be dismissed. It is further pleaded that the opposite party No.2 i.e. Tagore Hospital is not liable to pay compensation as the best possible medical treatment was provided by the opposite party No.2.

          On merits, the opposite party No.2 have reiterated their stand as taken in legal objections and denied all the averments of the complaint and there is no deficiency in services on the part of the opposite party. In the end, the opposite party prayed for dismissal of complaint with costs.

5.       Upon notice, the opposite party No.3 appeared through counsel and contested the complaint and filing their written reply by taking the preliminary objections that there is no allegation levelled against the answering OP No.3 in the complaint, hence the present complaint is totally abuse of law qua answering OP No.3, hence liable to be dismissed. It is further pleaded that the complaint is bad for joinder and mis-joinder of the necessary parties, because the answering OP No.3 is insured with United India Insurance Co. Ltd. It is pleaded that the fact regarding the relations between the OP No.1 and OP No.3 is correct. It is further pleaded that it is wrong that any excessive rates were charged by the OP No.3 from the complainant. It is further pleaded that the MRI and CT scan tests were conducted at charitable rates which are 35% less than the prevalent rates being charged by other scan centers.

          On merits, the opposite party No.3 have reiterated their stand as taken in legal objections and denied all the averments of the complaint and there is no deficiency in services on the part of the opposite party. In the end, the opposite party prayed for dismissal of complaint with costs.

6.        Opposite party No.4 did not appear despite the service of notice and was proceeded against exparte vide order date 28.05.2019.

7.       Upon notice, the opposite party No.5 appeared through counsel and contested the complaint and filing their written reply by taking the preliminary objections that the complainant has not come to the Hon'ble Commission with clean hands and has suppressed material facts from this Hon'ble Commission. It is further pleaded that as a matter of fact the complainant is claiming the medical bills on the basis of false and fabricated bills of Arora Hospital and Dispensary and no cause of action has accrued against the OP No.5. It is further pleaded that the present complaint is liable to be dismissed. It is further pleaded that the complaint is bad for non-joinder of necessary parties as the opposite party No. 5 has been unnecessarily made party in the present complaint as such claim deserves to be dismissed on this ground. It is pleaded that the insurance policy does not cover the bills of Arora Diagnostic Centre as OP No.3 is not insured by the OP No.5. It is further pleaded that the bills produced by the complainant are false, fabricated and manipulated in connivance with the opposite parties in order to receive the claim amount from the opposite party No.5.

          On merits, the opposite party No.5 have reiterated their stand as taken in legal objections and denied all the averments of the complaint and there is no deficiency in services on the part of the opposite party. In the end, the opposite party prayed for dismissal of complaint with costs.

8.       Learned counsel for the complainant has tendered into evidence affidavit of Ramesh Pal, (Complainant) as Ex.CW-1/A alongwith other documents as Ex.C-1 to Ex.C-65.

9.       Learned counsel for the opposite party No.1 has tendered into evidence affidavit of Dr. Payal Arora as Ex.OPW-1/A alongwith other documents as Ex.OP-1/1 to Ex.OP-1/48.

10.     Learned counsel for the opposite party No.2 has tendered into evidence affidavit of Dr. Vijay Mahajan, (M.D. Cum Managing Director of opposite party No. 2) as Ex.OP-2/1 alongwith other documents as Ex.OP-2/2 to Ex.OP-2/12.

11.     Learned counsel for the opposite party No.3 has filed reply alongwith other document as Ex.OP-3/1.

12.     Learned counsel for the opposite party No.5 has filed an affidavit of Sh. Jai Krishan, (Divisional Manager of United India Ins. Co. Ltd., Pathankot) alongwith reply.

13.     Rejoinder filed by the complainant.

14.     Written arguments filed by the opposite party No.5 but not filed by the complainant and opposite parties No.1,2 and 3.

15.     Counsel for the complainant has argued that complainant is patient of diabetes, blood pressure and Infection in throat and was undergoing treatment from opposite party No.1 for the last three years. It is further argued that on 01.04.2018 the complainant was examined by opposite party No.1 and opposite party No.1 prescribed fourteen medicines which was heavy and excessive dose and after consuming said medicines upto 19.04.2018 complainant again visited the hospital of opposite party No.1 with heaviness in head and feeling of senseless and opposite party No.1 conducted ECG and other tests and reports were normal. However, opposite party No.1 directed the complainant to get admitted as there is threat to the life of the complainant and since the daughter of the complainant was not available and as such complainant got admitted on 21.04.2018. It is further argued that no one looked after the complainant in hospital and on 22.04.2018 opposite party No.1 had referred the complainant to Arora Diagnostic Centre who is relative of opposite party No.1 and opposite party No.3 also received excessive amount in respect of tests conducted. It is further argued that on 21.04.2018 to 22.04.2018 due to consumption of heavy dose of medicines the complainant remained unconscious from 23.04.2018 to 26.04.2018. The daughter of the complainant repeatedly requested for discharging the complainant as the daughter of the complainant lost faith in the said hospital and complainant was discharged on 26.04.2018 at 11.00 P.M. and thereafter complainant was taken to opposite party No.2 hospital from where complainant got cured.

16.     Counsel for the opposite party No.1 has argued that complaint is totally false and the complainant has himself admitted that he was under going treatment for the last three years and the medicines which were required for proper treatment of the complainant were given to the complainant as per requirement of the patient. Moreover, it is prerogative of the doctor to prescribe medicines and complainant was prescribed 15 tablets as per condition of the complainant at that time as per medical norms and medical science. It is further argued that there is no expert evidence on record to prove medical negligence on the part of opposite party No.1.

17.     Counsel for the opposite party No.2 has argued that there is no allegation against opposite party No.2 and as such complaint is liable to be dismissed.

18.     Counsel for the opposite party No.3 has argued that the said diagnostic centre has already charged amount from the complainant after giving 35% discount which is  less than the market rate and the tests were conducted as prescribed by opposite party No.1 and as such there is no deficiency in service on the part of opposite party No.3 and complaint is liable to be dismissed.

19.     Opposite party No.4 remained exparte.

20.     Counsel for the opposite party No.5 has argued that since no medical negligence has been proved on record. It is further argued that complainant is claiming the medical bills on the basis of false and fabricated bills of Arora Hospital and Dispensary. It is further argued that as per terms and conditions of policy the indemnity applies only to the claims arising out of losses/damages in accordance with operative clauses for any breach of professional duty by reason of any negligent act and since there is no medical negligence of opposite party No.1 doctor and as such complaint is liable to be dismissed.

21.     We have heard the Ld. counsels for the opposite parties No.1,2,3 and 5 and gone through the record.

22.     Perusal of file shows that opposite party No.1 who is a doctor of opposite party No.4 hospital had prescribed medicines to the complainant as per prescription slip Ex.C1 on the basis of test reports Ex.C2 to Ex.C5. Perusal of file further shows that the test reports Ex.C2 to Ex.C4 and test reports conducted by opposite party No.2 Tagore Hospital are almost similar and medicines prescribed by both the hospitals are also almost same and only variation found is that opposite party No.2 has prescribed less medicines as compared to medicines prescribed by opposite party No.1. As such we do not find any medical negligence on the part of opposite party No.1.

23.     The second issue is regarding receipt of excessive payment on account of costs of medicines. Complainant has placed on record bills of medicines Ex.C10 to Ex.C16 issued by Arora Hospital Dispensary whereas opposite party No.1 has also placed on record bills of same date bearing same number but amount of both the bills is different. In bill Ex.C11 which bears invoice No.0001072 dated 21.04.2018 the amount charged as Rs.10300.76 whereas in copy of said bill Ex.OP-1/41 produced by opposite party No.1 bears same number and date and the amount mentioned is 1560.51. Similarly in bill Ex.C12 bearing invoice No.0001110 dated 22.04.2018 the cost of medicines is 11464.04/- , whereas in copy of said bill Ex.OP-1/42 produced by opposite party No.1 bears same number and date and  the total costs mentioned is 2345.03. In bill Ex.C13 which bears invoice No.0001157 dated 23.04.2018 the cost mentioned is Rs.11374.28 whereas in copy of said bill Ex.OP-1/43 produced by opposite party No.1 bears same number and date and the cost of medicines mentioned is Rs.2028.67. In bill Ex.C14 which bears invoice No.0001211 dated 24.04.2018 the cost of medicines mentioned is Rs.11885.98 whereas in copy of said bill Ex.OP-1/44 produced by opposite party No.1 bears same number and date the cost of medicines mentioned is Rs.6183.10. In bill Ex.C15 which bears invoice No.0001272 dated 25.04.2018 the cost of medicines mentioned is Rs.11602.86 whereas in copy of said bill Ex.OP-1/45 produced by opposite party No.1 bears same number and date the cost of medicines mentioned is Rs.12227.40. In bill Ex.C16 which bears invoice No.0001326 dated 26.04.2018 the cost of medicines mentioned is Rs.11204.86 whereas in copy of said bill Ex.OP-1/46 produced by opposite party No.1 bears same number and date, where as the cost of medicines mentioned is Rs.10869.86. Both the bills clearly shows that there is discrepancy in the amounts mentioned. Perusal of file further shows that all the bills produced by the complainant as  Ex.C11 to Ex.C16 are attested by opposite party No.1 under her signatures and seal and when the said question was clarified from the opposite party No.1 doctor who was personally present in the Commission, opposite party No.1 clarified that she had attested the bills Ex.C11 to E Ex.C16 without verifying the record and the said bills are manipulated one having been procured by the complainant in connivance with staff of Arora Hospital Dispensary to  get reimbursement from Punjab School education board. Even if this contention of opposite party No.1 has not been proved on record by producing any record to this effect that the complainant obtained any reimbursement from his department but on the contrary if the plea of opposite parties No.1 and 4 is accepted it means that are indulging in such malpractice of issuing false and  exaggerated bills to the patient to claim higher amounts from their departments, which itself requires to be investigated. If we compare both the sets of bills i.e Ex.C11 to Ex.C16 shows that amount of Rs.67,832.28 has been received by opposite parties No.1 and 4 from the complainant, whereas perusal of other set of same bills placed on record by opposite parties shows that the said bills are for Rs.32,214.71 and in this way amount of Rs.35,617.71 in excess is proved on record. However, we are of the view that if the bills have been procured by the complainant in connivance with staff of dispensary even then also opposite party No.1 cannot get absolved, as the said bills whether manipulated or not were issued by their staff and the said bills were further attested by opposite party No.1 meaning thereby that opposite party No.1 certified the bills to be authenticated one and opposite party No.1 cannot get absolve from her liability by taking excuse that she attested the bills without verifying the record. Perusal of bills Ex.C11 to Ex.C16 clearly shows that excessive amounts has been received from the complainant, if we compared the same bills with the record produced by opposite by opposite party No.1 in the shape of Ex.OP-1/41 to Ex.OP-1/46. Meaning thereby it is proved on record that figures and medicines were changed to charge higher amount from the complainant which amounts to deficiency in service on the part of opposite party No.1 and 4. Since the said amounts were charged in respect of bills Ex.C11 to Ex.C16 by Arora Hospital dispensary owned by opposite parties No.4 and opposite party No.1 was employee of opposite party No.4 hospital at the relevant time. As such opposite parties No.1 and 4 are jointly and severally held liable for deficiency in service and business malpractice.

24.     Accordingly, present complaint is partly allowed and opposite parties No.1 and 4 are directed to pay Rs.35,617.71 in excess received from the complainant and opposite parties No.1 and 4 are further directed to pay Rs.30,000/- as compensation on account mental tension, harassment and cost of litigation to the complainant without interest. However, it is made clear that if the said amount is not deposited and paid within 30 days from the date of receipt of copy of this order then the same shall carry interest @ 9% P.A. from the date of filing of the complaint till realization.        

25.     The complaint could not be decided within the stipulated period due to heavy pendency of Court Cases, vacancies in the office and due to pandemic of Covid-19.

26.     Copy of the order be communicated to the parties free of charges. File be consigned.                                                                                                                                                               

            (Lalit Mohan Dogra)

                                                                                      President.                                                

 

Announced:                                                   (B.S.Matharu)

Nov. 02, 2023                                                       Member.

*YP*

 
 
[ Sh.Lalit Mohan Dogra]
PRESIDENT
 
 
[ Sh.Bhagwan Singh Matharu.]
MEMBER
 

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