Per Mr.B.S.Wasekar, Hon’ble President
1) The present complaint has been filed by the complainant u/s 12 of the Consumer Protection Act, 1986. According to the complainant, he is retired gazetted officer and non practicing advocate. The O.P.No.1 is general physician practicing in Hinduja Hospital. The O.P.No.2 is the Chief Executive Officer in Hinduja Hospital. The complainant is suffering from sleeplessness, short memory, occasional sadness, word finding difficulty etc. These diseases are related to brain. The complainant approached ‘Dignity Foundation’. Ms.Krishna Rao from Dignity Foundation directed the complainant to see the doctor in charge of Dementia Research Project in Nair Hospital. The said doctor prescribed some blood tests and M.R.I.(Brain scanning) Test from well known private hospital. On 16th October, 2009, the complainant consulted Dr.Khadilkar of Sushrusha Co-op. Hospital at Dadar. Dr.Khadilkar advised the complainant to take laboratory tests. The said hospital did not have the instrument for M.R.I. Test. Therefore, the complainant decided to take M.R.I. Test in Hinduja Hospital.
2) On 16th September, 2010, the complainant went to Hinduja Hospital and saw Customer Care Department. Lady staff in charge of that department asked the complainant to approach Dr.Bajan Khusrav. On 17th September, 2010, the complainant consulted Dr.Bajan and paid `900/- as consulting fee. The complainant considered Dr.Bajan as Senior Neurophysician. The complainant disclosed his illness to Dr.Bajan and handed over the earlier medical papers. Dr.Bajan advised the complainant to get admitted in the hospital as there are number of tests to be taken. The complainant reluctantly agreed to his suggestion. Booking note for Monday 20th September, 2010 was given. On 18th September, 2010, the complainant received telephone call from hospital staff asking him to get admitted within one hour. The complainant got admitted on 18th September, 2010. The complainant was placed on 16th floor in Room No.20 alongwith cancer patients and no special nurse was available.
3) Dr.Bajan is a General Physician and not Neurophysician. He took complainant’s case of brain disorder instead of guiding him to consult Neurophysician. Even though the complainant had no complaint regarding bones and joints still he was referred to Dr.Sanjay Agarwal (Orthopaedic). Therefore, the complainant is not responsible to pay bill in this respect. As per final bill, all tests were taken on 19th September, 2010 and 20th September, 2010 and the results were in hand on 21st September, 2010. The complainant could have discharged on 22nd September, 2010 but he was discharged on 24th September, 2010. The complainant approached the hospital for M.R.I. test with hippocampal. But, in Hinduja Hospital plain M.R.I. test was taken. Dr.Bajandid not give idea regarding rough expenditure. The O.P.No.2 was silence in this case. He could have start inquiry in this matter.
4) The complainant could have saved expenses `31,670/- by OPD consultation and OPD treatment of any Neurophysician. Therefore, the complainant has filed this complaint for recovery of his expenses of `32,000/- alongwith compensation of `50,000/- for mental agony and cost of `10,000/-.
5) The O.P.No.1 filed written statement. It is submitted that the complaint is for refund of `32,000/-. Therefore, this complaint is not maintainable under the Consumer Protection Act. There was no negligence or deficiency in service. This opponent has requisite qualifications, experience and expertise for treating the patient like complainant. According to this O.P., the complainant needed thorough investigation. Therefore, he was advised to get admitted in the hospital and the complainant voluntarily agreed. Bed was given as per his choice. The complainant had several complaints. All the expert doctors checked him. The complainant had pain in right knee therefore he was referred to Orthopaedic Surgeon during his stay in the hospital. During stay in the hospital, the complainant never complains about anything. After examining the complainant, this opponent was of opinion to take plain M.R.I. and it was not necessary to take M.R.I. with hippocampal. There was no compulsion for admission in the hospital. The complainant could have refused the admission. The complaint is false therefore it is liable to be dismissed.
6) The O.P.No.2 filed its written statement. According to him, the complaint is filed in his personal capacity therefore it is liable to be dismissed. There was no deficiency in service or negligence by this opponent. All the other allegations made by the complainant are denied. Dr.Bajan Khusrav is Consultant Physician and Intensivist. It is submitted that the hospital has panel of consultants who are eminent doctors. In the OPD building, names of consultants are displayed. Dr.Bajan is from the department of general medicine and intensivist. The complainant could have approached Neurophysician. The choice is left to the patient/their relatives. The complaint is false and it is liable to be dismissed.
7) The complainant filed his affidavit of evidence and written notes of argument. Thereafter, the complainant remained absent. The opponents filed their affidavit of evidence and written notes of argument. After hearing the advocate for opponents and after going through the record, following points arise for our consideration.
POINTS
Sr. No. | Points | Findings |
1) | Whether there is deficiency in service ? | No |
2) | Whether the complainant is entitled for recovery of the amount as prayed ? | No |
3) | Whether the complaint is maintainable as against the O.P.No.2 ? | No |
4) | What Order? | As per final order |
REASONS
8) As to Point No.1 to 3 :- In the prayer, the complainant has prayed for the amount of `92,000/- as per particulars given in para 28 and 31 of the complaint. As per para 28 of the complaint, the complainant could have saved expenses `31,670/- by OPD consultation and OPD treatment. According to the complainant, it was not necessary to get the complainant admitted in the hospital and amount of `31,670/- was unnecessarily recovered from the complainant by admitting him in the hospital. In the complaint para 4, the complainant has stated that he was suffering from sleeplessness, short memory, occasional sadness, word finding difficulty etc. It shows that the complainant was suffering from several illness. Now the question arise whether the complainant could have treated as OPD patient. It was necessary for the complainant to bring the evidence on record showing that such illness can be treated in OPD and admission the hospital was not necessary. As the complainant has not produced any evidence to that effect, his contention can not be accepted. Earlier also he took treatment but he was not cured. Therefore, it was necessary for him to produce the evidence showing that admission was not necessary. It is pertinent to note that the complainant approached Dr.Bajan on 17th September, 2010. The complainant has produced copy of note of admission dated 17th September, 2010 showing booking for 20th September, 2010. It means that there was three days time to decide whether to admit in the hospital or not. Inspite of this sufficient time, the complainant got admitted in the hospital. There was no force and he voluntarily admitted in the hospital. Therefore, the contention of the complainant that he was unnecessarily admitted in the hospital can not be accepted.
9) Hinduja Hospital is a big hospital and board is displayed at the entrance showing the names of doctors and their specialization. The complainant is retired gazetted officer and non practicing advocate. Earlier also he took treatment with other doctors. There was choice with the complainant to select his doctor. According to the complainant, he approached Dr.Bajan as Neurophysician but in his notice dated 24th December, 2010, he has stated that he decided to consult physician Dr.Bajan. It means that he was knowing that Dr.Bajan is not Neurophysician. It is pertinent to note that the complainant got admitted and took treatment in the month September-2010 but he made complaint in the month of Decmber-2010 about his treatment and expenses. If according to him, he was duped by the opponents then he would have made complaint immediately. The complainant was at his house when he was called for admission. He could have refused then and there. Thus, there is no substance in the allegations made by the complainant.
10) According to the complainant he was charged excessively. Hinduja Hospital is the hospital of Trust. The complainant has not produced any evidence showing the fixed charges of the Hinduja Hospital to compare whether excessive charges are recovered from the complainant. The complainant was suffering from several diseases therefore several doctors were called for his check up. He could have asked their charges prior to examination. He can not complain three months after the treatment.
11) Complaint is filed against the O.P.No.2 in his personal capacity. The O.P.No.2 is not the service provider. Hospital is the service provider. There are no allegations about deficiency in service against the O.P.No.2. Therefore, the complaint is not maintainable against the O.P.No.2. Moreover, the complaint is for recovery of amount and not for deficiency in service.
12) Thus, there is no substance in the complaint and it deserves to be dismissed. Hence, the following order.
O R D E R
1) Complaint stands dismissed.
2) Parties are left to bear their own costs.
Pronounced
Dated 20th November, 2013
