| Final Order / Judgement | DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION-II Udyog Sadan, C-22 & 23, Qutub Institutional Area (Behind Qutub Hotel), New Delhi- 110016 Case No. 82/2015 Mrs. Neelam Chaudhary, W/o Dr. Vivek Chaudhary, R/o H.No. 1402, A-8, Olive Country, Vasundhara, Ghaziabad (U.P.) ….Complainant Versus 1. Sh. Gaurav Dhingra, 2. Sh. Bhaskar K.N. (Manager) Both R/o A-6, Asola, Behind Shani Dham Temple, Fatehpur Beri, Delhi ….Opposite Party Date of Institution : 27.03.2015 Date of Order :13.03.2023 Coram: Ms. Monika A Srivastava, President Ms. Kiran Kaushal, Member Sh. U.K. Tyagi, Member ORDER Member: Ms. Kiran Kaushal Facts of the case as pleaded are:- - Complainant admitted her husband in M/s Safe House Wellness Clinic Retreat statedly run by Gaurav Dhingra and K.N. Bhaskar referred to as OP-1 & OP-2 respectively.
- It is stated that complainant while in talks with OP-2 regarding admission of her alcoholic husband was informed that the treatment covers three months for which Complainant will have to pay in three equal instalments. However, the exact amount of money payable was not disclosed to the Complainant. It is stated that on 14.08.2014 Complainant’s husband due to excessive drinking was out of control, therefore the Complainant called the OPs to send an ambulance for picking up Complainant’s husband, which was assured to be free of cost.
- OP insisted that Complainant should accompany her husband and asked her to get cash or cheque with her. It is stated that Complainant accompanied her son and reached OPs centre at about 2:00 A.M. and Complainant was made to pay Rs. 9,000/- for ambulance which was initially stated to be free. Thereafter OP taking advantage of the situation asked for all the three instalments in advance. Accordingly, Complainant paid Rs. 3 lac in advance and she was made to sign few forms which OPs said was just formalities.
- Complainant was assured various facilities such as (i) Regular medical check-up (ii) Counseling (iii) Good quality food (iv) Proper Gym and Yoga facility (v) Outdoor Games (vi) Weekly family meeting (vii) Proper medical facility with ambulance and most importantly an in-house qualified Psychiatrist and round the clock qualified doctor.
- It is next stated that complainant’s husband on 21.08.2014 suffered acute abdominal pain at the OP’s centre and requested to arrange for a Doctor, who advised medical examination by surgeon and also few blood test to be conducted. It is alleged that on 30.08.2014 Complainant visited the OP’s centre and asked for the blood test reports and copy of old blood test reports dated 16.08.2014 was given to the complainant. It is next stated that OPs have committed severe negligence by not performing the blood tests as per doctor’s advice and cheated the Complainant by giving false and previous date blood test reports to the Complainant.
- Complainant insisted on meeting her husband which was denied by OPs, however Complainant met her husband and was informed that they were just giving pain killers despite the advice of their own doctor. Complainant was further shocked to see that in-house patients were kept in condition worse than prisoners. There was no hygienic food, no doctor, only one pharmacist was on duty, no gym machine working, no in-house Psychiatrist, only weekly visit that too not for all patients, no ambulance, no emergency system, no qualified counselors.
- On finding that her husband’s condition had worsened, complainant requested OPs to discharge her husband. Complainant immediately took her husband to the Hospital where the blood investigation and ultrasound was done and he was diagnosed with acute Appendicitis, he was in the hospital for three days and bed rest for almost fifteen days.
- After getting her husband discharged from the Hospital Complainant requested OPs to refund the entire amount as OPs had miserably failed to give proper treatment/proper service to her husband but as no heed was paid to her requests she approached this commission.
- Alleging deficiency of service by OPs it is prayed that OPs be directed to refund the amount of Rs. 3 lac alongwith interest @ 18% and Rs. 50,000/-be paid for mental harassment and agony to the Complainant.
- OP-1 resisted the complaint and stated interalia that the Complainant visited rehabilitation centre of OPs on 14.08.2014 alongwith her son Daksh Chaudhary and her husband Vivek Chaudhary, who was an alcoholic. Complainant’s husband was admitted to the centre and the Complainant was informed about the advance fees of Rs. 3,30,000/- for a period of three months for a three bedded room and also the team members who would be responsible for looking after the patient.
- It is stated that as a matter of policy the Complainant was made to read and after being satisfied she signed on the terms of the Indemnity-cum- declaration by Patient and Indemnity-cum-declaration by Family. Patient was not in a position to sign as he had collapsed in the premises of the rehabilitation centre. The complainant was further extended a discount of Rs. 30,000/- at the time of admission. Complainant deposited cheque of Rs. 3 lac on 14.08.2014 towards the admission fee and receipt of the same was issued to her on 16.08.2014.
- It is further stated that OPs on 16.08.2014 did a check-up of the patient which included the blood tests. The patient allegedly complained of abdominal pain on 21.08.2014 and was shown to a Doctor on the same day. The Doctor after looking at the test reports which were conducted on 16.08.2014 opined and recommended medicines for five days and observed that if the pain persisted then further tests for investigation should be done. After administration of medicines for five days the patient was feeling much better and did not complain of the pain. Therefore, the tests were never conducted. The complainant visited OPs on 26.08.2014 and asked that the patient be discharged on 30.08.2014. OP-1 stated that without prejudice to the facts, it has been a noticeable pattern in deaddiction patients to report psychosomatic symptoms.
- It is further stated that on 30.08.2014 the Complainant visited the centre and OP-2 told her that the patient was showing withdrawal symptoms and was coping well. It was further informed that it is usual for the addicts to say that he was being mistreated by the people at the centre as they do not get alcohol /drugs and therefore they should be ignored. That the Complainant insisted on withdrawing her husband from the rehabilitation centre, therefore, the patient was discharged on 30.08.2014.
- After the discharge complainant demanded refund of money which was deposited by her at the time of admission, she was informed by OP-2 that the fee paid is not refundable as per Clause 17 of the Indemnity-cum-declaration form. Upon refusal of the refund of money, the Complainant started shouting and also called the police. Thereafter the Complainant and OP-2 were taken to the police station where the Complainant again asked to refund the money, however, Complainant kept threatening OP-2 that she will implicate false cases against them therefore under coercion and duress OP-2 on a piece of paper wrote that :
“Mrs. Neelam Chaudhary will be refunded with Rs. 1,50,000/- by cash/cheque on 02.09.2014”. - It is further stated that OP issued a cheque of Rs. 1,50,000/- and when the Complainant came to collect the same she created an uncalled for atmosphere and raised an issue on the decided amount of Rs. 1,50,000/- which was made to look as Rs. 2,50,000/-. Copy of the said sheet is attached as annexure-R6.
- It is stated that the Complainant with malafide intention forged the letter which was signed by OP-2 regarding the refund of money. It is thus submitted that such misrepresentation and forgery leads to injustice. It is thus prayed that the complaint is misconceived therefore is liable to be dismissed. OP-1 prays for an interim relief of Rs. 6 lac as compensation for causing mental trauma, loss in his business activities. Additionally it is prayed that the Complainant should be penalized for forgery and should also be penalized to pay the litigation charges for filing false complaint against OPs.
- Rejoinder is filed on behalf of the Complainant wherein it is vehemently denied that OP was to pay Rs. 1,50,000/- rather it is stated that OP on 30.08.2014 in the presence of Sub Inspector gave a proper acknowledgement to refund Rs. 2,50,000/- to the Complainant. However, when the Complainant reached OPs’ centre to collect the amount on 01.09.2014 the staff did not open the gates and did not let her in. On continuous knocking at the gate, villagers assembled there and seeing so many people OPs sent bouncer to talk to the wife of the Complainant and the bouncer threatened her using abusive language. The Complainant dialed no. 100 and called the PCR, police took OP-2 in the police jeep and Complainant followed them in her own vehicle. Upon reaching the police station the Complainant was given only two options either to accept Rs. 1,50,000/- in place of Rs. 2,50,000/- or take any legal action she wanted to. OP-2 stated that he cannot give Rs. 2,50,000/- as OP-1 did not agree for the same. It is stated that Complainant was pressurized by OP-2 as well as Police to accept the amount as this was the money coming in her hands else she will have to go in for long litigation. That the Complainant under duress agreed to accept the amount of Rs. 1,50,000/- and gave an undertaking to that effect. However, on reaching her home the Complainant thought it otherwise and rather than accepting the refund of Rs. 1,50,000/- she preferred to file a complaint.
- Evidence has been filed on behalf of the Complainant and additional evidence containing Whatsapp chat between the Complainant and the Counselors alongwith 65B Certificate has been filed. Evidence is filed on behalf of OP-1.Written submissions have been filed on behalf of both the parties. Arguments made on behalf of the Complainant are heard.
- On perusal of the material placed before us it is noticed that no brochure or admission slip/ terms of stay have been filed by either of the parties to show as to what services were promised by OP-1 & OP- 2 . Admittedly complainant’s husband Dr. Vivek Chaudhary, who was an alcoholic was admitted with Safe House Wellness Retreat run by OP-1 &OP- 2, and the Complainant paid Rs. 3 lac as admission fee to OPs. Complainant’s grievance is that on 21.08.2014 Complainant’s husband was examined by a Doctor who after the examination had prescribed certain medicines and recommended certain tests to be conducted on the Complainant’s husband and the same were not conducted. The Complainant had to get her husband discharged from the centre with the help of police due to acute pain in his stomach. Complainant has filed lab reports of Vasundhara Hospital dated 01.09.2014 wherein certain blood test were conducted and an Ultrasound was done at Dr Chaudhary’s Centre. The opinion of Dr. Chaudhary’s ultrasound scanner and colour doppler centre was:
“Findings are suggestive of acute appendicitis” - Complainant has withheld the further course of treatment of her husband. No further treatment sheet or prescriptions from any Doctor or anything have been placed on record to show whether any surgery for the suspected appendicitis was conducted or not. As no further proof of treatment has been placed on record, this Commission is of the opinion that patient was not suffering from appendicitis and complaint of abdominal pain could be due to withdrawal symptoms. However, as the Complainant has withheld the further course of treatment of her husband we are of the opinion that she has been not able to establish any deficiency qua OP-1 & OP-2.
Complainants’ case seems to be lacking bonafide and equity for the aforesaid reasons- - It is noticed that the Complainant has changed her stance in rejoinder as in the complaint she has stated that three instalments amounting to Rs. 3 lac were taken in advance from the Complainant on 14.08.2014 . In her rejoinder it is stated that the cost of treatment was decided to be Rs. 2,10,000/- for three months in three equal instalments, for which three blank cheques were given to OP-2 but fraudulently staff of OP filled up only one cheque amounting to Rs. 3 lac and withdrew the amount without the knowledge of the Complainant.
- In the Rejoinder it is further stated that Dr. V.S. Pachera went to see the Complainant and informed the Complainant that her husband was in bad condition and needed immediate removal from the Centre. She was asked to admit her husband in a better hospital if she wanted see him alive. The said fact is nowhere mentioned in the complaint nor any document has been placed on record to prove the visit of said doctor.
- After filing of the written submissions application under Order 7 Rule 3 read with Section 151 of CPC seeking permission to file additional evidences was filed on 10.11.2017. It is also seen that title of the complaint was changed without seeking permission from the Commission. Though an application for amendment of the complaint was filed the same has neither been considered nor taken on record. Complainant thereafter filed written submissions and stated that the centre being run by OP-1 & 2 was running without any Government approvals and required license which is illegal and detrimental to the life of the general public. Pursuant to filing of the written submissions Complainant had filed information under RTI Act 2005.
- RTI records filed by the Complainant are not found to be relevant as the question regarding registration of the Safe Wellness House whether it is registered or not registered is not part of the Complaint.
- Complainant is further guilty of withholding relevant facts, as settlement was arrived at before the police and the OP-1 &OP- 2 were ready to pay and settle the matter. The said fact was withheld from this Commission at the time of filing of the complaint. Complainant had made an undertaking before the SHO Police Station Fatehpuri on 01.09.2014 wherein she had accepted to receive Rs. 1,50,000/- as a refund on 02.09.2014 . The said document is appended with the WS of OP as Annexure-R5 and the same do not find any mention in the complaint.
- Annexure R-4 appended at page-19 with the Written Statement is a disputed document wherein it is alleged by OP-2 that the complainant will be refunded Rs. 2,50,000/- by cash/cheque on 02.09.2014. The amount Rs. 2,50,000/- is disputed by OP-1 &OP- 2. It is stated that the said document has been forged and figure has been overwritten; OP- 2 had agreed to refund Rs. 1,50,000/- however the said figure was manipulated and made to look like 2,50,000/-.
- OPs had moved an application U/s 13(5) seeking to invoke powers of this commission U/s 340 CrPC alleging forgery. The abovesaid application was dismissed by this commission vide order dated 19.10.2016. Hon’ble State Commission vide order dated 22.11.2017, had modified the order of dismissal of the application regarding forgery and directed to keep it pending to be considered at the time of final arguments. We have given consideration to this application and are not inclined to exercise the powers U/s 13(5 )of CPA and U/s 340 of CrPC as the originals of the so called forged documents have not been placed on record. However, Complainant’s undertaking at Annexure R5 to accept Rs 1,50,000/ is clear and undisputed.
- In view of the discussion above, we are of the opinion that complainant has not been able to establish any deficiency qua OP-1 and OP-2. However, OPs had offered to refund Rs. 1,50,000/- as noticed in order dated 02.09.2016. As a goodwill gesture, we direct OP to refund Rs. 1,50,000/- at simple rate of interest @ 4% from 02.09.2016 within three months from the date of order failing which OP-1 & OP-2 shall pay Rs. 1,50,000/- @ 7% p.a. till realization.
In the terms stated above the complaint as well as all the applications filed by parties are disposed of. Parties to be provided copy of order as per rules. Order be uploaded on the website. File be consigned to the record room. | |
