DISTRICT CONSUMER DISPUTES REDRESSAL FORUM,

PATIALA.

                                      Consumer Complaint No. 44 of 22.2.2017

                                      Decided on:           15.11.2017

Paramjit Singh aged about 64 years s/o Sh.Nazar Singh R/o Salana Dulla Singh Wala, Tehsil Amloh, District Fatehgarh Sahib.

                                                                   …………...Complainant

                                      Versus

1.       Gian Sagar Hospital, Ram Nagar, Rajpura, District Patiala through its Principal.

2.       Oriental Insurance Company Ltd., office at Max Pro Info Park, D-38. 1^st Floor, Industrial Area, Phase-1, Mohali (Punjab)-160055.

3.       India Health Care Services (TPA) Pvt. Ltd., Max Pro Info Park, D-38, 1^st Floor, Industrial Area, Phase-1, Mohali (Punjab)-160055 through its Managing Director.     

                                                                    …………Opposite Parties

                                      Complaint under Section 12 of the

                                      Consumer Protection Act, 1986.

QUORUM

                                      Smt. Neena Sandhu, President

                                      Smt. Neelam Gupta, Member 

ARGUED BY:

                                      Sh.S.S.Virk,Advocate,counsel for complainant.

                                      Opposite parties ex-parte.

 ORDER

                                        SMT.NEENA SANDHU, PRESIDENT

Sh.Paramjit Singh, complainant has filed this complaint under Section 12 of the Consumer Protection Act,1986 ( hereinafter referred to as the Act) against the Opposite Parties (hereinafter referred to as the O.Ps.) praying for the following reliefs:-

1. To pay Rs.32,974/-+ Rs.7974/-deposited by him with OP no.1.
2. Rs.1,00,000/- as compensation for causing mental agony and physical harassment
3. To pay Rs.22,000/-as litigation expenses
4. To pay the above said  amounts alongwith interest @ 12% per annum.
2. with Dr.Sabya Sachi Bhowmik of Gian Sagar Hospital. After conducted tests of different nature on his wife, the concerned doctor disclosed that an amount of Rs.1,35,000/- to Rs.1,40,000/- will be spent on the treatment /replacement of knees of his wife.Rs.1,10,432/- were sanctioned under cashless scheme of Punjab Govt.by Op no.3. Rs.25000/- were deposited by him on the asking of Op no.1, from his own pocket vide receipt No.AD/170628 on 25.3.2016 with the billing department of Op no.1Apart from this an amount of Rs.7974/- was also deposited by him on 30.5.2016 with said hospital.In this way a total sum of Rs.32,974/- more was got deposited by Op no.1   than the sanctioned amount of Rs.1,43,406/- The said amount was to be recovered by Op no.1 from other OPs and was to be refunded to him as same was to be borne by OPs no.2&3.After one month, he requested Op no.1 for the refund of the amount of Rs.32,974/-who told that the bill has been sent to OPs no.2&3 but has not been yet sanctioned. From OPs no.2&3 it is transpired that the amount of Rs.1,75,432/- has also been deposited in favor of Op no.1 vide cheque No.444IV16235170788 dated 22.8.2016. He approached and requested Op no.1 for the repayment of Rs.65,100/-but OP no.1 flatly refused to do so. He also got sent a registered legal notice dated 2.9.2016 upon Op no.1. In response to the said notice Sh.J.K.Sharma, G.M. of Op no.1 called the complainant vide letter dated 20.9.2016 and assured that the matter will be resolved within one month. But OP no.1 failed to resolve the matter.The act and conduct of OP no.1 amounted to deficiency in service which caused mental agony and physical harassment to him. Hence this complaint.
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Taking all these facts into consideration, we are of the view thatOP no.1 has committed deficiency in service by getting the amount of Rs.32974/- deposited from the complainant and is thus liabale to refund the same alongwith interest from the respective dates of the deposit. It is also liable to pay compensation for causing mental agony and physicall harassment to the complainant alongwith litigation expenses. However, the complaint filed against Ops no.2&3 is liable to be dismissed becausethey had already performedtheir duty by paying theclaim amount to OP no.1 for thereplacement of the knees of the wife of the complainant .In view of the aforesaid discussion, we dismiss the complaint against Ops no.2&3 and the same is allowed against OP no.1, who is directed as under:

1. To  refund Rs.32,974/-alongwith interest @7% per annum from the respective dates of the deposits till realization;
2. To pay Rs.5000/- as compensation on account of mental agony and physical harassment caused to the complainant
3. To pay Rs.5000/- as litigation expenses.

The  OP no.1 is further directed to comply the order  within a period of 45 days from the date of the receipt of the certified copy of this order. Certified copy of this order be sent to the parties free of cost under the Rules.Thereafter, file be indexed and consigned to the Record Room.

ANNOUNCED

DATED:15.11.2017     

                                                                   NEENA SANDHU

                                                                       PRESIDENT

                                                                   NEELAM GUPTA

                                                                         MEMBER