District Consumer Disputes Redressal Commission ,Faridabad.
Consumer Complaint No.424/2021.
Date of Institution: 24.08.2021.
Date of Order: 15.06.2022.
Akshay Kumar Yadav, age 25 years S/o Shri Dinesh Kumar Yadav, R/o flat NO. G-03, Block D, Tulip Ivory Gurgaon, Badshahpur, Gurgaon.
…….Complainant……..
Versus
1. Fortis Hospitals Limited, Neelam Bata Road, Faridabad – 121001 through its Managing Director/principal Officer.
2. Dr. B.D.Pathak C/o Fortis Hospitals Limited, Neelam Bata Road, Faridabad – 121001.
3. Dr. Arjun Goel C/o Fortis Hospitals Limited, Neelam Bata Road, Faridabad – 121001.
4. Tanya Sahni, Hospital Representative C/o Fortis Hospitals Limited, Neelam Bata Road, Faridabad – 121001.
…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.
PRESENT: Ms. Deepali Khattar , counsel for the complainant.
Sh. Rajesh Khanna, counsel for opposite parties Nos.1 to 4.
ORDER:
The facts in brief of the complaint are that the complainant was insured with M/s. Universal Sompo General Insurance Company Limited. The complainant submitted his documents and cashless facility was availed by the hospital, which was approved by the insurance company. As per the directions of the opposite parties, the surgery was to be performed on 12.08.2021. The complainant and his parents were asked to come in the hospital at 8.00a.m. on 12.08.2021 and the surgery was to be performed between 11:00 to 12:00 in morning. Opposite parties Nos.2 & 3 were very well aware that the complainant was a diabetic patient. On 11.08.2021 the mother of the complainant called upon Dr. B.D.Pathak, opposite party NO.2 confirming everything and it was requested to Dr. B.D.Pathak that the complainant was a diabetic patient and Dr. B.D.Pathak assured that he would perform the surgery between 11:00a.m. to 12:00p.m. On 12.08.2021 the complainant and his mother reported in the hospital at about 8.00 a.m. The hospital authorities asked to deposit an amount of Rs.5000/- which was deposited though everything was covered under medical insurance. The admission chart was prepared and the tests were conducted. Padua Score for VTE Assessment was done at 11.35 a.m. on 12.08.2021. The complainant and his mother were told that the surgery was going to be started within a couple of minutes. The father of the complainant reached in the hospital at about 12.00a.m.on 12.08.2021. The opposite parties took the signatures of the parents of the complainant on consent Form,, Covid 19 Consent Form, Undertaking, Risk Factor Form, Undertaking for refund, Disclosure of Payor Category etc. The patient counseling report was prepared and documentation was done. The complainant and his parents were asked to wait outside the emergency or operation theatre. The complainant and his parents kept on waiting there but the surgery was not started. The complainant and his parents both were waiting but nobody was caring/listening the complainant and his parents. The parents of the complainant kept on requesting the opposite parties and their officials’ time and again that the complainant was a diabetic patient and he could not be kept hungry for longer time but nobody was caring. The parents of the complainant kept on requesting the opposite parties and then consent for high risk was got signed at about 12:15 p.m. on 12.08.2021 but the surgery was not started. The time was passing and health of the complainant was deteriorating. The parents of the complainant kept on requesting the opposite parties to undergo surgery as early as possible but the opposite parties were not caring to the request of the mother of the complainant. The entire process was completed but the complainant was not given any time for surgery. The complainant and his parents had to wait till 6.00 p.m. The father of the complainant was asking the reason for delay in surgery but the opposite parties were not even caring for the father of the complainant. The father of the complainant was working as Assistant Commissioner of Police even then the opposite parties did not pay any heed. It was matter of surprise when the opposite parties were not even caring/hearing a Police Officer how they would be treating the normal patients. The opposite parties asked the parents of the complainant to fill the Request form for leaving against medical advice. The parents of the complainant filled and signed the form, which reads thus:
“He/his patient was standing in the hospital on account of suffering from 8.00 am(MNG)(disease/ailment). He was not interested in continuing the medical management/undergoing the procedure suggested by the treating doctor and wish to leave the hospital, as nobody was attending his son since 8.00 a.m. His son was suffering from diabetes and inspite of his repeated requests he had not been given time for surgery. All the approvals were there. His son was asked to report at 8.00a.m. in the hospital but they had not been attended since mo ring. His son could not wait for long due to diabetic. It was 7.20p.m. almost 12 hours they were waiting. Deficient services had been rendered and due to this reason only he was leaving with his son.” 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) pay Rs.10,00,000/- as compensation for causing mental agony and harassment .
b) pay Rs.1,00,000/- -as litigation expenses.
2. Opposite parties Nos.1 to 4 put in appearance through counsel and filed written statement wherein Opposite parties Nos.1 to 4 refuted claim of the complainant and submitted that the complainant had not come to this Hon’ble Commission with clean hands. It was submitted that the complainant approached the opposite party No.1 hospital with complaint of pain at perianal region and pus discharge from open wound for past 1 month. The complainant was diagnosed with Pilonidal Sinus. The complainant came to the hospital on 12.08.2021 and was admitted to at around 10:09am for treatment of Pilonidal Sinus under opposite parties Nos.2 & 3. Considering his medical condition, patient’s surgery was planned accordingly. It was submitted that neither the doctor nor the hospital staff ever committed to complainant that his surgery would be performed between 11.00a.m. o 12.00 noon, therefore, the said allegation made by the complainant was baseless, unsubstantiated, vague and denied. Post his admission, complainant’s nursing assessment was done at 11:05am. Complainant was also subject to certain medical tests/investigations before the surgery. For this purpose, Covid Antigen test was done at 10:30 a.m. and medical tests was also admitted by the complainant in Para 6 of his complaint. It was submitted that the surgery could not be performed without having investigation and Covid-19 test report. The medical test sample was sent to the diagnostics Lab at 13:04 p.m. and test reports of complainants were reported at 15:20p,. As at that time treating doctors were busy with another critical surgery, therefore, the complainant was taken to the waiting area of operation theatre at 15:45p.m. After sometime complainant’s father Mr. Dinesh Kumar Yadav and other attendants started misbehaving with the hospital staff alleging unwarranted delay in operation. The hospital staff tried to explain the operation schedule to the complainant’s father and other attendants, however they unlawfully assembled and crated ruckus near operation. Theater area resulting into great inconvenience to other patients and their attendants present at the hospital. The hospital staff tried to calm down the father of the complainant and requested him not to crate ruckus as the same was affecting other patients and their attendants. Hospital staff also explained the complainant’s father and attendants of complainant that the treating doctor was in the operation theatre performing a critical surgery but complainant’s father was not ready to listen to any explanation and continue shouting at the hospital staff and doctors. The father of the complainant time and again shouted that he was the Assistant Commissioner of Police and he was waiting since long and his son should be treated first before other patients. Complainant’s father also threatened the hospital staff of dire consequences and told them to not to take him lightly. The hospital staff made opposite party No.2 and 3 aware about the whole situation after which they came out from the operation theatre and met with the parents of the complainant. Opposite party No.2 ensured parents of the complainant that the complainant was next scheduled for surgery. However, the complainant’s father shouted and continued with unruly behavior with medical staff. The complainant’s father told that he did not want his son to get operated at opposite party No.1 hospital and asked the medical staff and opposite parties to discharge the complainant. The complainant’s father was advised not to make the complainant suffer and let the complainant got treatment at hospital, however, complainant’s father remained adamant on his decision. As complainant father was ready to leave with complainant against medical advice, therefore, the complainant’s father was asked to sign LAMA (Leave Against Medical advice) form which complainant’s father refused to sign. Hospital staff als requested the father of the complainant to clear the financial dues of Rs.9064/- and got final clearance but complainant’s father did not pay any amount to the hospital. It was not of place to mention while leaving form the hospital, complainant, his father and other attendants snatched all the medical records from the hospital staff including LAMA from and left the hospital against medical advice. Opposite parties Nos.1 to 4 denied rest of the allegations leveled in the complaint and prayed for dismissal of the complaint.
3. The parties led evidence in support of their respective versions.
4. We have heard learned counsel for the parties and have gone through the record on the file.
5. In this case the complaint was filed by the complainant against opposite parties – Fortis Hospital limited & Ors. with the prayer to: a) pay Rs.10,00,000/- as compensation for causing mental agony and harassment . b) pay Rs.1,00,000/- -as litigation expenses.
To establish his case the complainant has led in his evidence
Ex.CW-1/A – affidavit of Akshay Kumar Yadav, Ex.C-1 – Prescription, Ex.C-2 – Cashless Authorization letter, Ex.C-3 – Registration Form, Admission and Discharge Record Admission Dated 12.08.2021 10:09A.M, Ex.C-5 – General Consent for Admission, Ex. C-6 – Inpatient guidelines, Ex.C-7 – Covid-19 Consent, Ex.C-8 – undertaking for refund (Admission), Ex.C-9 – Disclosure of Payor Category, Ex.C-10 – Request form for leaving against medical advice.
On the other hand counsel for the opposite parties strongly agitated and opposed. As per the evidence of the opposite parties, Ex. RW1/A –affidavit of Dr. Ajay Dogra, working as Facility Director, Fortis Escorts Hospital, Neelam Bata Road, Faridabad. Ex.C-1 – Patient Counselling Report, Ex.R-2 – Covid-19 Antigen Test, Nasopharyngeal, Ex.R-3 – letter dated 04.10.2021.Ex.R3 (colly) Inpatient Summary Bill .
6. It is evident from Request Form for leaving against medical advice vide Ex.C-10 stating that “I/my patient is standing in the hospital on account of suffering from 8.00 am(MNG)(disease/ailment). I am not interested in continuing the medical management/undergoing the procedure suggested by the treating doctor and wish to leave the hospital, as nobody was attending my son since 8.00 a.m. My son is suffering from diabetes and inspite of my repeated requests I have not been given time for surgery. All the approvals are there. My son was asked to report at 8.00a.m. in the hospital but we have not been attended since morning. My son cannot wait for long due to diabetic. It is 7.20p.m. almost 12 hours we are waiting. Deficient services have been rendered and due to this reason only I am leaving with my son.”
7. After going through the evidence led by the opposite party, the commission is of the opinion that as per Inpatient summary bill vide Ex.R3 (colly) in which the bill date has been mentioned 13.08.2021 8:46AM. How it can be possible the issuance of bill dated 13.08.2021 8:46AM and charge Rs.14063.71 from the complainant regarding consultation, investigation, consumable, drug, other procedure and room rent without any reason when the parents of the complainant is leaving with his son on 12.08.2021 at 7.25pm as per Ex.C-10. The father of the complainant is working as Assistant Commissioner of Police even then the opposite parties did not pay any heed to the request of the father of the complainant. It is ridiculous when the opposite parties are not even caring/hearing a Police Officer how they would be treating the normal patients. . The Commission is of the opinion that no doubt opposite parties have harassed the complainant mentally. Hence, they are deficient on their part. Deficiency of service is proved. . Hence, the complaint is allowed.
8. Opposite parties, jointly & severally are directed to refund the bill amount & pay ten times of the bill amount as compensation, harassment and litigation to the complainant i.e. Rs.1,40,630/-. 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: 15.06.2022 (Amit Arora)
President
District Consumer Disputes
Redressal Commission, Faridabad.
(Mukesh Sharma)
Member
District Consumer Disputes
Redressal Commission, Faridabad.
