District Consumer Disputes Redressal Commission ,Faridabad.
Consumer Complaint No.501/2021.
Date of Institution: 28.09.2021.
Date of Order: 24.05.2023.
Parmod Sharma, Chamber No. 499A, 4th floor, Lawyers Chamber Building, Sector-12, Faridabad.
…….Complainant……..
Versus
1. Dr. Rakesh Bhatia, Ganga Ram Charitable Clinic, 2682, Block-B, 25 feet road, Main Band Road, S.G.M.Nagar, NIT, Faridabad.
2. Ms. Sheela, Assistant of Dr. Rakesh Bhatia, C/o Ganga Ram Charitable Clinic, 2682, Block-B, 25 feet Road, Main Band Road, S.G.M. Nagar, NIT, Faridabad.
Service also be effected at”
Ms. Sheela D/o Not known, R/o H.NO. Adarsh Colony, NH-4, Near Ashok Bhadana Kothi, Opposite Ganga Ram Charitable Clinic, Faridabad.
…Opposite parties……
Complaint under section-12 of Consumer Protection Act, 1986
Now amended Section 34 of Consumer protection Act 2019.
BEFORE: Amit Arora……………..President
Mukesh Sharma…………Member.
Indira Bhadana…………Member.
PRESENT: Sh. Rakesh Bainsla, counsel for the complainant.
Opposite party No.1 exparte vide order dated 28.01.2022.
Opposite party No.2 exparte vide order dated 16.08.2022.
ORDER:
The facts in brief of the complaint are that the brother of the complainant namely Pardeep Sharma, the patient of Covid 19 his oxygen level was 85 to 90with cylinder and CT^ scan score was 16 moderate severity out of 25 according CT Scan report under treatment/observation of duty doctor of QRG hospital they had engaged medical attendant Mr. Ravinder also. On 2.5.2021 at about 8p.m. Dr. Rakesh Bhatia and Ms. Sheela Assistant of Dr. Rakesh Bhatia came to house of complainant NO. D-98 Ajronda, sector-15A, Faridabad after checking/diagnosed, they stopped medicines prescribed by duty doctor of QRG hospital and charged their visiting charges of Rs.1000/- and Rs.500/- for medicine. Next day in morning about 11.00 a.m. on 3.5.2021 both opposite parties came and asked to purchase medicine and demanded Rs.15,000/-. Father of tahe complainant paid accordingly in the presence of Mr. Nitin Uppal and their medical attendant Ravinder. Dr. Rakesh Bhatia and Ms. Sheela Assistant of Dr. Rakesh Bhatia gave antibiotic injunction and newspaper folded puria only to his brother In the evening Sheela, assistant of Dr. Rakesh Bhatia came and checked sugar level of the brother of the complainant. The sugar level was 450. She gave antiniotic injection to brother and gave a newspaper folded puria. She had not given any other allopathic medicine to brother of the complainant. The complainant asked to madam Sheela about medical condition of brother of the complainant and required prescribed medicine on doctor’s letter head so that they able to obtain oxygen cylinder in this pandemic period. Ms. Sheela, Assistant of Dr. Rakesh Bhatia assured that they would provide as required by tomorrow. On 4.5.2021 in the morning about 10.30 a.m. they made several calls to Dr. Rakesh Bhatia and Ms. Sheela Assistant of Dr. Rakesh Bhatia but they refused to come and they were not ready to attend brother of the complainant. It was very shocked and surprised for him as well as his family, Dr. Rakesh Bhatia told that that he had his assistant would not come . perhaps they realized that patient was very serious and they could not treat and they could not control sugar level also. They themselves stopped treatment and had not brought any medicine. The condition of brother of complainant was very serious. When Dr. Rakesh BhATIA AND Ms. Sheela Assistant of Dr. Rakesh Bhatia denied then they approached Metro Hospital, Sector-16, Faridabad vide OPD No. 606904 dated 4.5.2021 and Dr. Pawan Kharbanda advised to urgent hospitalize to brother of the complainant. At the time of visiting the house of the brother of the complainant Dr. Rakesh Bhatia and Ms. Sheela Assistant of Dr. Rakesh Bhatia advised brother of complainant not to take the medicines which was prescribed by QRG Hospital, Faridabad but Dr. Pawan Kharbanda (General Medicine) advised him that the medicines prescribed by the QRG Hospital was good. It was pertinent to mention that due to stoppage of taking the medicines prescribed by QRG Hospital, Faridabad the condition of brother of the complainant was serious. Opposite parties were not serious even they did not bother about seriousness of patient and put danger the life of brother of complainant. They could not maintain control the sugar level also. The conduct of opposite parties was unprofessional misconduct and unethical and quite illegal.The complainant sent legal notice dated 29.07.2021 to the opposite party but all in vain. The aforesaid act of opposite parties amounts to deficiency of service and hence the complaint. The complainant has prayed for directions to the opposite parties to:
a) refund the amount of Rs.15,000/- which was received by the opposite party alongwith interest @ 19% p.a. from the date of due till its actual realization.
b) to maintain good ethics in this noble profession.
c) pay Rs. 1,00,000/- as compensation for causing mental agony and harassment .
d) pay Rs. 21,000 /-as litigation expenses.
2. Registered notice was sent to opposite party No.1 not received back either served or unserved. Case called several times since morning but none has appeared on behalf of opposite party No.1 Learned counsel for the complainant placed the details in which the item delivery confirmed. Therefore, opposite party No.1 was proceeded against ex-parte vide order dated 28.01.2022.
3. Notice issued to opposite party No.2 received back with the report of “Refusal”. Case called several times since morning but none had appeared on behalf of opposite party No.2. Therefore, opposite party No.2 was hereby proceeded against exparte vide order dated 16.08.2022.
4. The complainant led evidence in support of his respective version.
5 We have heard learned counsel for the complainant and have gone through the record on the file.
6. In this case the complaint was filed by the complainant against opposite parties – Dr. Rakesh Bhatia with the prayer to: a) refund the amount of Rs.15,000/- which was received by the opposite party alongwith interest @ 19% p.a. from the date of due till its actual realization. b)to maintain good ethics in this noble profession. c) pay Rs. 1,00,000/- as compensation for causing mental agony and harassment . d) pay Rs. 21,000 /-as litigation expenses.
To establish his case, the complainant has led in his evidence Ex.C-1 – affidavit of Pardeep Sharma,, Ex.C-1/A -& Ex.C-1/B – Tax invoice (Cash sale), Ex.C-1/C - prescription, Ex.C-1/D – legal notice, Ex.C-1/E & F–courier receipts, Ex.C-1/G – Delivery Run Sheet, Mark A – HRCT Chest, Mark B – Receipt, Mark “A” – Bill/Cash Memo
7. There is nothing on record to disbelieve and discredit the aforesaid ex-parte evidence of the complainant. Since opposite parties Nos1 & 2 have not come present to contest the claim of the complainant, therefore, the allegations made in complaint by the complainant go unrebutted. From the aforesaid ex-parte evidence it is amply proved that opposite parties Nos.1 & 2 have rendered deficient services to the complainant. Hence the complaint is allowed against opposite parties Nos.1 & 2
8. Opposite parties Nos.1 & 2 jointly & severally, are directed to refund the paid money alongwith interest @ 6% p.a. from the date of filing of complaint till its realization. Opposite parties Nos.1 & 2 are also directed to pay Rs.1100/- as compensation for causing mental agony & harassment alognwith Rs.1100/- as litigation expenses to the complainant. Compliance of this order be made within 30 days from the date of receipt of copy of this order. Copy of this order be sent to the parties concerned free of costs. File be consigned to the record room.
Announced on: 24.05.2023 (Amit Arora)
President
District Consumer Disputes
Redressal Commission, Faridabad.
(Mukesh Sharma)
Member
District Consumer Disputes
Redressal Commission, Faridabad.
(Indira Bhadana)
Member
District Consumer Disputes
Redressal Commission, Faridabad.
