Tamil Nadu

North Chennai

CC/40/2015

P.Bhaskaran, S/o.Mr.Palayam, F/o.David Raja, - Complainant(s)

Versus

Dr.Richard Daniel, Stepping Stone Foundation, De-Addiction and Rehabilitation Centre, - Opp.Party(s)

N.A.Kareem

27 Feb 2017

ORDER

 

                                                            Complaint presented on:  13.02.2015

                                                                Order pronounced on:  27.02.2017

 

DISTRICT CONSUMER DISPUTES REDRESSAL FORUM, CHENNAI (NORTH)

    2^nd Floor, Frazer Bridge Road, V.O.C.Nagar, Park Town, Chennai-3

 

PRESENT: THIRU.K.JAYABALAN, B.Sc., B.L.,        PRESIDENT

                    TMT.T.KALAIYARASI, B.A.B.L.,           MEMBER II

 

MONDAY THE 27^th   DAY OF FEBRUARY 2017

 

C.C.NO.40/2015

 

 

P.Bhaskaran,

S/o.Mr.Palayam,

F/o.David Raja,

No.9/92, MGR Main Road,

IInd Cross Street,

Chitalapakkam,

Chennai – 600 126.

                                                                                    ….. Complainant

 

..Vs..

Dr.Richard Daniel,

Stepping Stone Foundation,

De-Addiction and Rehabilitation Centre,

No.328/4, Old No.165, MTH Road,

Behind Mohan Nursing Home,

Villivakkam,

Chennai – 600 049.

 

.....Opposite Party

Date of complaint                                 : 26.02.2015

Counsel for Complainant                      : N.A.Kareem, R.Robert & R.Anbarasi

Counsel for    Opposite Party                   : M/s.M.Backiyalakshmi & T.Malathy

 

O R D E R

 

BY PRESIDENT THIRU. K.JAYABALAN B.Sc., B.L.,

The Complaint is filed by the Complainant to direct the Opposite Party to refund a sum of Rs.1,65,000/- received from him  towards admission and boarding fees for one year and also a sum of Rs.1,00,000/- was incurred for further treatment and compensation for service deficiency, pain  and  mental agony with cost of the Complaint u/s 12 of the Consumer Protection Act.1986.

1.THE COMPLAINT IN BRIEF:

          The Complainant Son David Raja aged 17 years was studying Government School, Chitalapakam. Due to bad association, he became addict to alcohol and neglected the studies. Any amount of advice could not change his habits. The Opposite Party running a de-addiction and rehabilitation centre and the Complainant admitted his son on 30.09.2013 with the Opposite Party to cure him from addiction.

 2. The Complainant as a father was visiting his son every month and he found that his son health condition became more critical though he had no chances for alcohol consumption. The Complainant states there were about hundred inmates in the Opposite Party centre.  The Complainant found old and new wounds in the legs and hands of his son that he was humiliated starved and physically tortured and hence his son wanted to leave the centre and to return home. The Opposite Party centre was being visited some foreign missionary members, social workers and philanthropist and every visit they use to beat the inmates. The Opposite Party running the centre in order to get foreign aid and he is not running at free of cost. The Complainant also paid a sum of Rs.45,000/- and monthly boarding a sum of Rs.7,500/-. Finally the Complainant son David Raja was discharged from the Opposite Party at his protest on 11.10.2014 and thereafter he had admitted his son at VHS Hospital, Kasturi Bai Nagar, Madyakailash, Chennai in the ICU ward. The Complainant spent a sum of Rs.1,65,000/- for the last one year. He further spent a sum of Rs.1,00,000/- for medicine and further treatment. The Opposite Party committed deficiency in service and mental agony to the Complainant. Therefore the Complainant filed the Complaint to direct the Opposite Party  to refund a sum of Rs.1,65,000/- received from him towards admission and boarding fees for one year and also a sum of Rs.1,00,000/- was incurred by him for further treatment and compensation for mental agony with cost of the Complaint. 

4. WRITTEN VERSION OF THE  OPPOSITE PARTY IN BRIEF:

The Opposite Party admits that the Complainant admitted his son in his centre on 30.09.2009 for de-addiction from alcohol, smoking and ganja. The Opposite Party given medicine, medication and counseling to the Complainant son on the basis of the admission condition. The Complainant son had recovered with good health during the period of such a treatment. The Opposite Party also charged for the Complainant son and he had also paid a sum of total Rs.62,000/- on various dates. The Complainant son was also taught yoga to divert his attention from alcohol. Some of the person is fully recovered from that centre. The Opposite Party never humiliated, starved and physically tortures to the Complainant son.

5. The Complainant’s son is involved in a Crime case and his name was registered as Accused at the Chitalapakam Police Station and his son addicted more from ganja, alcohol and smoking. During his addiction he was tried to kill his father of the Complainant. The Complainant’s son  tried to escape many times from the Opposite Party’s centre of stepping Stone Foundation and one such time while the Complainant’s son was escaping, he had assaulted one staff of the Opposite Party’s centre by using long kitchen spoon. In this regard, the Complainant’s son had given an apology letter to the Opposite Party. The Complainant’s son had tried to escape from the Opposite Party centre on several occasions as a result; the Opposite Party discharged the Complainant’s son and handed over him with his parents.

6. The Opposite Party has not committed any medical negligence and deficiency in service to the Complainant son and hence he is not liable to pay any compensation to the Complainant and the Complaint is liable to dismissed with cost.

7. POINTS FOR CONSIDERATION:

1.Whether the Complaint filed by the Complainant is maintainable in this forum?

          2. Whether there is deficiency in service on the part of the opposite party?

          3. Whether the complainant is entitled to any relief? If so to what extent?

8. POINT NO :1 

          It is an admitted fact that the Complainant Son David Raja was studying in Government School, Chitalapakam and due to bad association, he became addict to alcohol and neglected the studies and any amount of advice could not change his habits and hence the Complainant admitted his son on 30.09.2013 with the Opposite Party’s de-addiction and rehabilitation centre and the Complainant also paid sum of Rs.55,000/- through Ex.A2 to Ex.A5 receipts  on various dates issued by the Opposite Party. 

          9. The Opposite Party contended that the Complainant’s son David Raja himself was 18 years old as perEx. A7 at page 11 of typed set furnished by him at VHS Hospital and therefore the son of the Complainant is a proper person to file this Complaint and hence the Complaint filed by his father is not maintainable and liable to be dismissed.

10.The admitted fact of the Opposite Party himself is that the Complainant son was admitted for the treatment of de-addiction and re-habilitation. Further, it is not the case of the Opposite Party that at the time of discharge from his centre, he was fully cured. Further, the father only admitted his son with the Opposite Party and also paid the fees for him.  Considering the nature of the illness of the patient and the Complainant as a father, he only admitted him and paid fees on his behalf and also subsequently gave treatment VHS Hospital, Chennai, the Complainant is a competent person to file this Complaint.

11. POINT NO:2

          The Complainant contended that he used to visit his son for the past one year and during the time, he had seen old and new wounds on his legs and hands due to that the Opposite Party humiliated and physically tortured him and therefore under his protest, his son was discharged from the Opposite Party centre and thereafter he had admitted him at VHS Hospital, Chennai in ICU ward and recovered and therefore the Opposite Party neglected to give proper treatment to the Complainant son  and caused mental agony to the Complainant and therefore he had filed this Complaint.

          12. The Opposite Party contended that they had given proper treatment and the Complainant son  tried to escape many times and one such time he had assaulted one staff of the Opposite Party with long kitchen spoon and for the said incident he had given an apology letter to the Opposite Party and this Opposite Party never neglected the Complainant son and therefore the Opposite Party had not committed any deficiency in service.

          13. The Complainant admitted his son for treatment in the Opposite Party centre on his own volition. At the time of admission the Complainant son and his mother executed Ex.B1 declaration and consent form and other documents to the Opposite Party.

14.  It is the Complainant who got discharged his son voluntarily from the Opposite Party centre on 11.10.2014.  Further the Complainant pleaded that he found old wounds and new wounds on his son legs and hands. Further, the Complainant son himself gave Ex.B6 apology letter to the Opposite Party.  After discharge on 11.10.2014 and on  the very same day he had admitted his son at VHS Hospital as per Ex.A7. No evidence filed by the Complainant to show that the wounds sustained at the Opposite Party centre through the VHS Hospital document. Ex.A7 series documents issued by the VHS Hospital containing various tests conducted on the Complainant son. No discharge summary issued by the VHS Hospital has been filed to show that what kind of treatment was given by them.  Therefore as contended by the Complainant that the Opposite Party had humiliated and physically tortured his son has not been proved by him. It is the Complainant who voluntarily got discharged of his son from the Opposite Party centre. Therefore we hold that the Complainant has not proved that the Opposite Party has committed any deficiency in service, provided to the Complainant son. 

 

 

 

15. POINT NO:3

Since the Opposite Party has not committed any deficiency in service, the Complainant is not entitled for any relief and the Complaint is liable to be dismissed.

          In the result the Complaint is dismissed. No costs.

          Dictated to the Steno-Typist transcribed and typed by her corrected and pronounced by us on this 27^th day of February 2017.

 

MEMBER – II                                                               PRESIDENT

LIST OF DOCUMENTS FILED BY THE COMPLAINANT:

Ex.A1 dated 30.09.2014                   To Whomsoever it may concern

Ex.A2 dated 11.01.2014                   Stepping Stone Foundation receipt

Ex.A3 dated 16.02.2014                   Stepping Stone Foundation receipt

Ex.A4 dated 25.06.2014                   Stepping Stone Foundation receipt

Ex.A5 dated 28.08.2014                   Stepping Stone Foundation receipt

Ex.A6 dated 15.10.2014                   Complaint Notice

Ex.A7 dated 2013 & 2014      Medical Records

LIST OF DOCUMENTS FILED BY THE OPPOSITE PARTY :

 

Ex.B1 dated 30.09.2013                   Declaration cum indemnity

 

Ex.B2 dated 30.09.2013                   Receipt given by the Opposite Party to the

                                                     Complainant

 

Ex.B3 dated 03.10.2013                   Prescription given by the Opposite Party to the

                                                    Complainant

 

Ex.B4 dated 04.10.2013                   Prescription given by the Opposite Party to the

                                                   Complainant

 

Ex.B5 dated 09.10.2013                   Medical case sheet

 

Ex.B6 dated 04.06.2014                   Apology letter given by the Complainant’s son

                                                    David Raja to the Opposite Party

 

Ex.B7 dated 14.08.2014                   ISO Certificate 9001:2008

 

 

 

MEMBER – II                                                               PRESIDENT