DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION, BARNALA, CAMP COURT, AT AMRITSAR, PUNJAB.

Complaint Case No : RBT/CC/2018/354

Date of Institution   : 15.05.2018/29.11.2021

Date of Decision     : 08.09.2022

 

Surjit Singh aged about 64 years son of S. Darshan Singh resident of Village Sohian Kalan, Tehsil Majitha District Amritsar. 

                 …Complainant Versus

1.Dukh Nivaran Multi Specialty Hospital through its Owner/Medical Officer, Fatehgarh Churian Road, Majitha District Amritsar.

2.Final Diagnostic Centre through its owner/Principal Officer, Inside Premises Dukh Nivaran Multi Specialty Hospital, Fatehgarh Churian Road, Majitha, District Amritsar.

3.Oriental India Insurance Company Limited through its branch Manager, at 4E/14 Azad Bhawan, Jhandewala, New Delhi.

              …Opposite Parties

Complaint Under Section 12 & 13 of Consumer Protection Act, 1986. As Amended Upto Date.

Present: Sh. Ajay Shanker Adv counsel for complainant.

Sh. Rajesh Bhandari Adv counsel for O.P-1.

Sh. Pardeep Mahajan Adv counsel for O.P-2.

Sh. Sandeep Khanna Adv counsel for O.P-3.

Quorum:-

1. Sh. Ashish Kumar Grover : President

2.Sh. Navdeep Kumar Garg : Member 

 

(ORDER BY ASHISH KUMAR GROVER, PRESIDENT): 

 

1. The present complaint has been received by transfer from District Consumer Commission, Amritsar in compliance of the order dated 26.11.2021 of the Hon'ble State Consumer Disputes Redressal Commission, Punjab, Chandigarh. The complainant has filed the present complaint Under Section 12 & 13 of the Consumer Protection Act, 1986 (as amended upto date) against Dukh Nivaran Multi Specialty Hospital & others (hereinafter referred as opposite parties).

2. Brief facts of the case are that on 22.8.2017 the blood pressure of the complainant jumped to 180 and had problems of vomiting for which he was brought into the hospital of opposite party No. 1 by his family members, where the Medical Officer got him admitted at about 4 PM and complainant was put on glucose, which finished at about 8 PM. The blood tests were got done by the medical officer of the hospital from their laboratory i.e. opposite party No. 2, which is running inside the premises of the hospital. The ECG was also taken for which report was not given except one slip. It is further alleged that on 22.8.2017 the complainant's parents requested for his discharge from the hospital as he improved his position but the hospital authorities insisted that patient should remain in hospital for 3-4 days as  he is malaria positive as per lab reports. However, the complainant was discharged from the hospital on repeated requests of the attendant without issued admission & discharge card and without issue of receipt for hospital, Lab and medicine expenses charged by the opposite parties. It is further alleged that on the very next date the complainant got his blood tested for malaria from Anand Clinical Laboratory on 23.8.2017 and he was found malaria negative. As such, it is cleared that the opposite party No. 1 for their benefit and for the benefit of opposite party No. 2 made wrong reports which is unfair trade practice and the opposite parties had caused mental tension, harassment besides financial burden to the complainant. The complainant spent Rs. 6,500/- during two days for hospital charges, medicines and lab charges due to the negligence of the opposite parties. The complainant also lodged a complaint to Public Grievance Officer, Amritsar, which was diarized at No. 5420-P/29.8.2017 AND 2390-F/1.9.2017. The complainant on receiving a letter No. 796 dated27.10.2017 appeared before the Senior Medical Officer of Civil Surgeon, Amritsar and supplied all the documents but they had not taken any action against the opposite parties. The opposite parties No. 1 & 2 in connivance with each other had adopted unfair trade practice and also liable for deficiency in service for causing mental tension, harassment besides financial loss of Rs.6,500/-. Hence, the present complaint is filed for seeking the following reliefs.- 

i)To refund the amount of Rs. 6,500/- to the complainant. 

ii)To pay Rs. 50,000/-  as compensation for mental tension and harassment suffered by the complainant alongwith litigation expenses.   

3. Upon notice of this complaint, the opposite party No. 1 appeared and filed written statement by taking preliminary objections interalia on the grounds that the present complaint is misconceived, groundless, frivolous, vexatious. It is alleged that the complainant has failed to explain that as to how the opposite party No. 1 was negligent. No cause of action has arisen to the complainant against the opposite party No. 1. The complaint is bad for non-joinder and mis-joinder of necessary parties. On merits, it is submitted that the complainant was presented in the hospital in emergency on 22.8.2017 with complaint of fever for the last 3-4 days, high grade with rigors and chills, vomiting since morning, deranged consciousness and weakness of the body for the last 3-4 hours. On examination BP was 100/70, temperature was 100 F, pulse 96 per minute, respiration 18/minute, eyes were sunken and skin loose and dry and the patient did not respond to verbal command. However, he responded to painful stimulness. No past history of diabetes or tuberculosis past history of hypertension present. Patient was dehydrated and immediate IV fluids were started and the lab tests were ordered. Patient party was asked to sign consent but nobody come forward to sign the consent. It is further alleged that in order to stabilize the condition of the patient treatment was continued, Lab tests showed raised TLC, low sodium, widal to positive 1:160, and malaria vivax positive card test. Antibiotics and antimalarial and antiemetic and antipyretic injection were administered. Patient regained full consciousness in about three hours and asked why he is being treated. It is further alleged that the patient absconded from the hospital without paying the hospital bill. They paid Rs. 970/- for the lab tests. Everything was done diligently, prudently with utmost due care and caution, as such there is no deficiency in service on its part and prayed for the dismissal of complaint. 

4. The opposite party No. 2 filed written statement by taking preliminary objections interalia on the grounds of maintainability, act and conduct, complainant has not come with clean hands, no cause of action, complaint is bad for mis-joinder and non-joinder of necessary parties etc. It is alleged that the complainant was presented in the hospital in emergency on 22.4.2017 and he was complaining of fever for the last 3-4 days, high grade with rigors and chills, vomiting since morning, deranged consciousness and weakness of the body for the last 3-4 hours. His medical examination was done. Patient did not respond to verbal command. However, he responded to painful stimulness. No past history of diabetes or tuberculosis past history of hypertension present. Patient was dehydrated and immediate IV fluids were started and the lab tests were ordered. It is further alleged that Lab tests showed raised TLC, low sodium, widal to positive 1:160, and malaria vivax positive card test. Antibiotics and antimalarial and antiemetic and antipyretic injection were administered. Patient regained full consciousness in about three hours and asked why he is being treated. It is further alleged that the patient absconded from the hospital without paying the hospital bill. On merits, the opposite party No. 2 denied all the allegations of the complainant. It is alleged that the complainant has put false story that he has spent Rs. 6,500/- for two days hospital charges, medicines and lab charges due to the negligence of the opposite parties No. 1 & 2. As such there is no deficiency in service on its part and prayed for the dismissal of complaint.

5. The opposite party No. 3 filed written version by taking preliminary objections interalia on the grounds of jurisdiction, complainant is not a consumer of answering opposite party, maintainability, no cause of action, act and conduct, not come with clean hands etc. On merits, the opposite party No. 3 denied the complaint of the complainant. It is alleged that the insurance policy issued by the opposite party No. 3 to opposite party No. 1 is a Professional Indemnity Policy which has nothing to do with the alleged fraud committed by the opposite party No. 1 and 2. Hence, the opposite party No. 3 cannot be held liable to indemnify for the alleged fraud as mentioned above. As such, there is no deficiency in service on its part and prayed for the dismissal of complaint. 

6. In order to prove the case the complainant tendered into evidence his own affidavit Ex.C-1, copies of test reports Ex.C-2 & Ex.C-3, copy of discharge card Ex.C-4, copy of the test report Ex.C-5 and closed the evidence.   

7. To rebut the case of complainant the opposite party No. 1 filed affidavit of Satpal Singh Bajwa Ex.O.P1/A alongwith documents Ex.O.P1 to Ex.O.P8. 

8. The opposite party No. 2 filed affidavit of Balwinder Singh Ex.O.P2/1, and documents Ex.O.P2/2 to Ex.O.P2/8.

9. The opposite party No. 3 filed affidavit of Naresh Singla Sr. Divisional Manager Ex.O.P3/1 alongwith documents Ex.O.P3/2 & Ex.O.P3/3.

10. We have heard the Ld. Counsel for the parties and have gone through the documents placed on record by the parties. Written arguments filed by the opposite party No. 1.

11. Ld. Counsel for the complainant argued that on 22.8.2017 the blood pressure of the complainant jumped to 180 and had problems of vomiting for which he was brought into the hospital of opposite party No. 1 by his family members, where the Medical Officer got him admitted at about 4 PM and the blood tests were got done by the medical officer of the hospital from their laboratory i.e. opposite party No. 2, which is running inside the premises of the hospital i.e. Ex.C-2 & Ex.C-3. It is further argued that the complainant's parents requested for his discharge from the hospital as he improved his position but the hospital authorities insisted that patient should remain in hospital for 3-4 days as he is malaria positive as per lab reports. It is also argued by Ld. Counsel for complainant on the very next date the complainant got his blood tested for malaria from Anand Clinical Laboratory on 23.8.2017 Ex.C-5 and he was found malaria negative and the complainant due to the negligence on the part of opposite parties No. 1 & 2 spent Rs. 6,500/- during two days for hospital charges, medicines and lab charges. It is further argued that the complainant also lodged a complaint to Public Grievance Officer, Amritsar, which was diarized at No. 5420-P/29.8.2017 AND 2390-F/1.9.2017 and the complainant on receiving a letter No. 796 dated 27.10.2017 appeared before the Senior Medical Officer of Civil Surgeon, Amritsar and supplied all the documents but they had not taken any action against the opposite parties. 

12. On the other hand, Ld. Counsel for opposite party No. 1 argued that the complainant was presented in the hospital in emergency on 22.8.2017 with complaint of fever for the last 3-4 days, high grade with rigors and chills, vomiting since morning, deranged consciousness and weakness of the body for the last 3-4 hours i.e. Ex.O.P4 and the Patient was dehydrated and immediate IV fluids were started and the lab tests were ordered and the Patient party was asked to sign consent but nobody come forward to sign the consent i.e. Ex.O.P3. It is further argued that in order to stabilize the condition of the patient treatment was continued, Lab tests showed raised TLC, low sodium, widal to positive 1:160, and malaria vivax positive card test and Antibiotics and antimalarial and antiemetic and antipyretic injection were administered. It is further argued that the patient absconded from the hospital without paying the hospital bills i.e. Ex.OP2/2. 

13. Ld. Counsel for the opposite party No. 2 argued on the same lines as argued by the opposite party No. 1. 

14. Ld. Counsel for the opposite party No. 3 argued that the insurance policy issued by the opposite party No. 3 to opposite party No. 1 is a Professional Indemnity Policy which has nothing to do with the alleged fraud committed by the opposite party No. 1 and 2. 

15. On perusal of the file it is proved that complainant on 22.8.2017 got treatment from opposite party No. 1 and the complainant claimed that he has spent Rs. 6,500/- during two days on account of hospital charges, medicines and lab charges. But complainant has failed to place on record bill of Rs. 6,500/- to prove that he has paid Rs. 6,500/- to the opposite party No. 1 for his treatment. Further, complainant has claimed that due to the negligence of opposite parties No. 1 & 2 by giving wrong lab report of malaria positive, complainant has to spend the above said Rs. 6,500/- on his treatment. But to prove this fact the complainant has failed to place on record any expert evidence. On the other hand, the opposite parties No. 1 & 2 have placed on record Ex.O.P1/6 & Ex.O.P2/2 to prove the fact that the complainant has absconded from the hospital without paying the hospital bills. The complainant also filed an application before Complaint Officer (P.G.O.)Amritsar, regarding the above said matter and the inquiry was marked against the said hospital. Dr. Rabinder Singh Sethi, Senior Medical Officer, Office Civil Surgeon, Amritsar, sent a letter dated 27.10.2017 to the complainant and asked him to join the inquiry proceedings alongwith documents and said letter is on the Court File. But the complainant has not produced any evidence regarding his appearance before the Inquiry Officer or regarding the decision of the said inquiry. The opposite party has produced several documents vide which it is established that they have done the treatment of Surjit Singh after taking due care. Therefore, the complainant has failed to prove his case by producing cogent and reliable evidence. 

16. In view of the above discussion, present complaint has no merits and same is accordingly dismissed. However, there is no order as to costs or compensation. Copy of order will be supplied to the parties by District Consumer Commission, Amritsar as per rules. File be sent back to District Consumer Disputes Redressal Commission, Amritsar.  

ANNOUNCED IN THE OPEN COMMISSION:

       8th Day of September, 2022 

 

            (Ashish Kumar Grover)

            President             

 

(Navdeep Kumar Garg)

Member