Hon’ble Mr. Subhas Ch. Guin, Member.

The alleged unfair trade practice on the part of O.Ps has brought the Complainant before this commission which will be described in a nutshell below. The Complainant Mr. Sanjib Saha, a resident of village & P.O. Chakchaka P.S. Pundibari Dist – Cooch Behar, whose mother named Mrs. Sabita Saha got admitted in Dr. P.K. Saha Hospital Pvt. Ltd on 08-12-19 at 12-05 am with some health problem. After undergoing treatment for few days she died on 12-12-19 at 8:49 pm. Thus she was admitted in the said hospital for 116 hrs 44 minutes. After the death of his mother, the hospital authorities issued bill for payment of charges regarding the treatment of the patient which revealed the name, address, bed No. and Reg. No. of the patient but did not furnish the Bed Head Ticket, (in short BHT) treatment sheet and pathological lab report to the Complainant despite several request but they furnished bill for medicine and bill for hospital service. Subsequently the Complainant sent a legal notice to the hospital authority demanding the aforesaid documents. The notice was served upon them on 20-01-20 but they did not respond till date. On going through the bill for hospital service the Complainant found that the charges for oxygen had been Rs 10620/- (i.e. Rs 90x118hrs = Rs 10620/=) Pathological Lab charges Rs 8650/, the test report of the same were not furnished despite receipt of legal notice from the Complainant, ventilator charges Rs 7560/- (i.e.  Rs 210x36 hrs = Rs 7560/-) which was charged @ Rs 210 per hrs. instead of Rs 160/- per hr resulting the Complainant to incur a loss of Rs 1800/-. Moreover, the Complainant's mother availed herself of the hospital facility from the said hospital for 116 hrs 44 minutes but they charged for 118 hrs causing the Complainant to incur a loss of Rs 2250/- and monitor/HR charge was calculated for 110 hrs instead of 92 hrs 49 minutes which clearly indicated the unfair trade practice on the part of opposite parties. They charged Rs 250/- as MRD free but did not furnish medical record.

These practices adopted by the opposite parties made the Complainant suffered from mental pain, agony and irreparable loss and injury. Finding no other alternative, the Complainant filed this case before the commission for redressal of his grievances as Dr. Subhas Ch. Saha attached to Dr. P.K. Saha Hospital Pvt. Ltd, Coochbehere the O.P-1, General Manger, Dr. P.K. Saha Hospital Pvt. Ltd., coochbehar as O.P-2, Dr. P.K. Saha Hospital Pvt. Ltd. as the O.P-3 and Dr P. K. Saha Path Lab, Coochbehar as the op-4. He prayed for a direction to the OPs to pay Re 150000/- for unfair trade practice, Rs 50000/- for mental pain and agony and Rs 10000/- for lost of litigation.

OP-1,2,3 & 4 Contested the case by filing W.V, and evidence on affidavit. The O.P-1 in his defence plea  stated that he is a renowned physian having MD, MRCP and FRCP degree in his credential and practicing for last 40 yrs  or more with unblemished carrier. Smt. Sabita Saha, 75 yrs old was bought to him with respiratory distress since 07-10-19, and was admitted in the O.P-3 hospital on 08-12-19 at 12:05 am. She was given best treatment as per medical norm as such the Complainant had no complaint with respect to the treatment given by him to his  mother Smt. Sabita Saha. Even after proper treatment and utmost care the patient in question died on 12-12-19 at 8:49 pm of Cardio respiratory failure in a case of Type-2 Diabetes Mellitus, hypertension, hypothyroidism, chronic liver disease-IV, UTI, Proteineria and other multi organ complications.

The Complainant alleged that the patient, Smt. Sabita Saha was admitted in the said hospital for 116 hrs 44 minutes in his amended plaint but it was 92 hrs 49 minutes in his original complaint petition. The hospital stay as mentioned in the amended plaint is correct. The Complainant brought allegations of non-supply of BHT, treatment sheets in detail and pathological lab report to him. In fact, the OPs have sent all documents to the Complainant vide speed post consignment No.EN883262896IN dated 14-03-20 which was received by the Complainant. That regarding ventilator charge, it was charged @ Rs 210/- per hour which is fixed for Rs 160/- per hour, alleged by the Complainant which is false and denied by the O.P-1. The O.P-1 asserted that the ventilator charge were calculated under two heads which are invasive and non-invasive ventilators. The invasive ventilator was charged @ Rs 210/- per hour and non-invasive ventilators was charged @ Rs 160/- per hour both of which were used by the patient. In the present case, the patient was given non-invasive ventilator for 47 hours and invasive ventilator for 36 hours on basis of which calculation was done.  The O.P-1 also asserted that the patient was taken to emergency without delay and given oxygen support and other medication as she had a respiratory distress. She was also put under Monitor/HR support as and when the op-1 found it necessary as a doctor and specialist of his field. So, there was no unfair trade practice in treating the patient. The Complainant with false allegation projected the case and claimed huge compensation for illegal gains. Therefore, this complaint case is liable to be dismissed with cost and the Complainant is not entitled to get any relief whatsoever.

The O.P-2 and O.P-3  in their counter argument stated that Smt. Sabita Saha, 75 yrs  old was bought to him with  respiratory distress since 07-10-19, and was  admitted in the O.P-3 hospital on 08-12-19 at 12:05 am. She was given best treatment as per medical norm as such the Complainant had no complaint with respect to the treatment given by him to his  mother Smt. Sabita Saha. Even after proper treatment and utmost care the patient in question died on 12-12-19 at 8:49 pm of Cardio respiratory failure in a case of Type-2 Diabetes Mellitus, hypertension, hypothyroidism, chronic liver disease-IV, UTI, Proteineria and other multi organ complications.

The Complainant alleged that the patient, Smt. Sabita Saha was admitted in the said hospital for 116 hrs 44 minutes in his amended plaint but it was 92 hrs 49 minutes in his original complaint petition. The hospital stay as mentioned in the amended plaint is correct. The Complainant brought allegations of non-supply BHT, treatment sheets in detail and pathological lab report to him. In fact, the OPs have sent all documents to the Complainant vide speed post consignment No.EN883262896IN dated 14-03-20 which was only received by the Complainant. That regarding ventilator charge, it was charged @ Rs 210/- per hour which is fixed for Rs 160/- per hour, alleged by the Complainant which is false and denied by the O.P-1. The O.P-1 asserted that the ventilator charge were calculated under two heads which are invasive and non-invasive ventilators. The invasive ventilator was charged @ Rs 210/- per hour and non-invasive ventilators was charged @ Rs  160/- per hour both of which were used by the patient. In the present case, the patient was given non-invasive ventilator for 47 hours and invasive ventilator for 36 hours on basis of which calculation was done.  The O.P-1 also asserted that the patient was taken to emergency without delay and given oxygen support and other medication as she had a respiratory distress. She was also put under Monitor/HR support as and when the op-1 found it necessary as a doctor and specialist of his field. So, there was no unfair trade practice in treating the patient. The Complainant with false allegation projected the case and claimed huge compensation for illegal gains. Therefore, this complaint case is liable to be dismissed with cost and the Complainant is not entitled to get any relief whatsoever.

The O.P-4 in his defence stated that the O.P-4 i.e.  Dr. P.K. Saha Path laboratory is the pathological wing of the OP-3 hospital and Smt. Sabita Saha, 73 yrs old, came to the op-1, Dr. Subhas Chandra Saha with respiratory distress 07-10-19, and was  admitted in the O.P-3 hospital on 08-12-19 at 12:05 am. She was given best treatment as per medical norm as such the Complainant had no complaint wth respect to the treatment given by him to his  mother Smt. Sabita Saha. Even after proper treatment and utmost care the patient in question died on 12-12-19 at 8:49 pm of Cardio respiratory failure in a case of Type-2 Diabetes Mellitus, hypertension, hypothyroidism, chronic liver disease-IV, UTI, Proteineria and other multi organ complications.

The Complainant alleged that the patient, Smt. Sabita Saha was admitted in the said hospital for gets 116 hrs 44 minutes in his amended plaint but it was 92 hrs 49 minutes in his original complaint petition. The hospital stay as mentioned in the amended plaint is correct. The Complainant brought allegations of non-supply BHT, treatment sheets in detail and pathological lab report to him. In fact, the OPs have sent all documents to the Complainant vide speed post consignment No.EN883262896IN dated 14-03-20 which was only received by the Complainant. That regarding ventilator charge, it was charged @ Rs 210/- per hour which is fixed for Rs 160/- per hour, alleged by the Complainant which is false and denied by the O.P-1. The O.P-1 asserted that the ventilator charge were calculated under two heads which are invasive and non-invasive ventilators. The invasive ventilator was charged @ Rs 210/- per hour and non-invasive ventilators was charged @ Rs  160/- per hour both of which were used by the patient. In the present case, the patient was given non-invasive ventilator for 47 hours and invasive ventilator for 36 hours on basis of which calculation was done.  The O.P-1 also asserted that the patient was taken to emergency without delay and given oxygen support and other medication as she had a respiratory distress. She was also put under Monitor/HR support as and when the O.P-1 found it necessary as a doctor and specialist of his field. So, there was no unfair trade practice in treating this the patient. The Complainant with false allegation projected the case and claimed huge compensation for illegal gains. Therefore, this complaint case is liable to be dismissed with cost and the Complainant is not entitled to get any relief whatsoever.

Perused the pleading, evidence and documents filed by both parties. Heard the argument advanced by the Ld. Advocate of both parties at length. The allegation and counter allegation by the Complainant and O.Ps raise some important points which are required to be analysed on the basis of the evidence available in the case record for adjudication of the case.

Points for determination

i) Whether there is any deficiency in service/unfair trade practice on
    parts of the O.Ps ?

ii) Whether the Complainant is entitled to get any relief as prayed in his
     complaint petition?

Decision with reason.

Point No.1.

The Complainant's mother Smt. Sabita Saha was admitted in the O.P-3 hospital under the O.P-1 doctor on 08-10-19 at 12:05 Am and died on 12-12-19 at 08:49Pm. Therefore her hospital stay was for 116 hrs 44 mins. according to the death Certificate issued by the said Hospital (Anex -1). The Complainant brought allegations against the O.Ps regarding six issues e.g. i) Medicine bill as BHT and treatment Sheet were not supplied by the O.Ps ii) oxygen charge iii) Pathological Lab charge. Iv) Ventilator charge v) Monitor / HR. Charge vi) MRD Fee. He had no complaint whatsoever with respect to the treatment given by the O.Ps to his mother. The OPs asserted that Bed Head Ticket (BHT), treatment sheet in detail and pathological Lab report were sent to the Complainant through speed dated 14-03-20 which was received by him. So, the allegations of medicine bill and pathological Lab charge do not stand because the Complainant cannot give any evidence in support his claim. Similarly, for ventilator charge, the patient was given support of two type of ventilator one is invasive ventilator which charges Rs 210/hr and another is non-invasive which charge Rs. 160/- per hour, Thus, the allegation of ventilator charge Rs 160/- per hour is false. Because both type of ventilator were used. Moreover, the monitor/ HR charge and MRD fee which were imposed by the O.Ps as shown in the hospital service document (Anex-4) are as per norms because the Complainant cannot provide any document in support of his allegation. But only one issue which is oxygen charge which is calculated for 118 hrs @ Rs 90/- per hour (Anex-4) but actually the Complainant’s mother stayed in the said hospital for 116 hr 44 min. only which can be rounded off to 117hrs. Therefore, the ops charged the Complainant for oxygen 1 hr more which cost him Rs 90 extra. This activity of the O.Ps tantamounts to unfair trade practice. Therefore, this points No-1 is answered in affirmative and decided in favour of the Complainant ·

Point No.2.

The above point discusses the unfair trade practice adopted by the OPs which not only made the Complainant suffered  monetary loss but also suffered mental pain and agony. Therefore, the Complainant is entitled to get relief for the same. Hence, this point is also answered in affirmative and decided in favour of the Complainant.

In the result, the Instant case succeeds on Contest.

Hence it is

Ordered

That the case No. CC/14/2020 be and the same is allowed on contest with cost.

The O.Ps are directed to pay to the Complainant a sum of Rs.50,000/- for unfair trade practice, Rs.20,000/- for mental pain and agony and Rs.10,000/- for litigation cost jointly and or severally. The O.Ps are further directed to pay the total awarded sum of Rs.80,000/- within (30) thirty days from the date of this order jointly and or severally failing  which the said awarded sum shall carry an interest @ 6% per annum from date of this order to till its realisation.

D.A. to note in the trial Register.

Let a plain copy of this Order be supplied to the concerned party by hand/by Registered Post with A/D forthwith, free of cost, for information & necessary action as per rule.

The copy of the Final Order is also available in the official website: www.confonet.nic.in.

Dictated and corrected by me.