Chandigarh

DF-I

CC/723/2021

Parveen - Complainant(s)

Versus

Healing Multi-Speciality Hospital and Institute of Paramedical Sciences - Opp.Party(s)

Vijay Kumar Agarwal

03 Oct 2022

ORDER

DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION-I,

U.T. CHANDIGARH

 

                    

Consumer Complaint No.	:	CC/723/2021
Date of Institution	:	19/10/2021
Date of Decision	:	03/10/2022

 

Parveen W/o Manoj Kumar, R/o House No.111, Phase-II, Ramdarbar, Chandigarh.

… Complainant

V E R S U S

1. Healing Multi-Speciality Hospital and Institute of Paramedical Sciences through its partner/proprietor/ authorized signatory having its registered address at SCO 16-17-18-19, Sector 34-A, Chandigarh 160022.
2. The Principal Employer/Proprietor/Partner/    authorized signatory of Healing Multi-Speciality Hospital and Institute of Paramedical Sciences, SCO 16-17-18-19, Sector 34-A, Chandigarh 160022.

… Opposite Parties

CORAM :	PAWANJIT SINGH	PRESIDENT
	SURJEET KAUR	MEMBER

 

                                                

ARGUED BY	:	Sh.Vijay Kumar Agarwal, Counsel for Complainant.
	:	OPs ex-parte.

 

Per Surjeet kaur, Member

1.      The long and short allegations are that the complainant opted for premium package mentioned in the pamphlet provided by OP and paid a sum of Rs.4,000/- in advance on 02.05.2021 to the OPs (Annexure C-1 & 2). The complainant was admitted in the hospital of the OP for delivery and on the same day baby was born to the complainant. The complainant got discharged from the hospital of OP on 02.05.2021 and had paid bill amounting to Rs.42,730/- (Annexure C-3). The hospital of the OP failed to provide the following services at the time of delivery:

1. Room Decoration.
2. Baby photo-shoot and Album.

         The complainant opted to purchase the premium package and spent an amount of Rs.40,000/- because of the emotional attachment to the special occasion of birth of her baby. The complainant contacted the hospital of the OPs number of times, through mobile phone calls and also visited the hospital of the OPs several times for the deficiency in the services at the time of delivery. They dilly dallied the matter on one pretext or the other. The complainant also sent a legal notice to the OPs (Annexure C-5). Alleging that the aforesaid acts amount to deficiency in service and unfair trade practice on the part of OPs, complainant has filed the instant complaint.   

2.     Notice of the complaint was sent to OPs seeking their version of the case. However, nobody appeared on behalf of OPs despite service, therefore, they were proceeded ex-parte on 27.05.2022.
3.     Complainant led evidence by way of affidavits and documents.
4.     We have heard the learned counsel for the complainant and gone through the record of the case.
5.     The sole grouse of the complainant in the present complaint is that despite, spending an amount of Rs.40,000/- for the purpose of availing the premium maternity packages including gift hamper, room decoration and baby footprint alongwith baby photo-shoot and album, she was deprived of photo-shoot of special moment of her child in a decorated hospital room by the OPs. As she was having an emotional attachment to the special occasion of birth of her baby, but due to improper services of OPs she had to file the present complaint.
6.         Perusal of evidence on record clearly reveals that the complainant bought premium maternity package worth Rs.40,000/-. The contents of this basic package are mentioned as under :-

             PLUS EXTRA:

• One day (NVD), Two days (LSCS) hospital stay in private room.
• Inj Epidural included.
• Birth Vaccination & Blood Group.
• Emergency LSCS charges included.
• Birth Vaccinations and blood group.
• Gift hamper (First Cry), Room decoration & baby footprint.
• Free pre & Post-Delivery Diet Session.
• Baby Photoshoot & Album.
• Baby Resuscitation Charges.

7.     Annexure C-3, makes it abundantly clear that the complainant paid an amount of Rs.42,730/- on 02.05.2021 (the date of discharge) after remaining admitted since 30.04.2021 to 02.05.2021 with the OPs. As per affidavit of the complainant, the service of room decoration and the baby photoshoot and album were specifically asked for which were not provided by the OPs. The complainant tried to contact the executives of the OPs several times for the clarification as to why the services mentioned in the package and specifically promised were not provided to her but no heed was paid to her genuine request.
8.     Significantly, OPs did not appear to contest the claim of the complainant and preferred to proceed against ex-parte. This act of the OPs draws an adverse inference against them. The non-appearance of the OPs shows that they have nothing to say in their defence against the allegations made by the complainant. Therefore, the assertions of the complainant go unrebutted and uncontroverted.
9.     We are of the considered opinion that the complainant bought the premium maternity package because of the emotional attachment to the special occasion of birth of her first baby. But the act of OPs for not providing proper services, not paying attention to the repeated requests of the complainant during her stay in the hospital, non-responding to the duly served legal notice Annexure C-5 and most importantly non-appearing during the proceedings of the present case proves deficiency in service and their indulgence in unfair trade practice. 
10.     In view of the above discussion, the present consumer complaint succeeds and the same is accordingly partly allowed. OPs are directed as under:-

1. to pay an amount of ₹10,000/- to the complainant as compensation for causing mental agony and harassment to her;
2. to pay ₹5,000/- to the complainant as costs of litigation.

11.     This order be complied with by the OPs within thirty days from the date of receipt of its certified copy, failing which, they shall make the payment of the amount mentioned at Sr.No.(i) above, with interest @ 12% per annum from the date of this order, till realization, apart from compliance of direction at Sr.No.(ii) above.
12.     Certified copies of this order be sent to the parties free of charge. The file be consigned.

                                  

			Sd/-
03/10/2022			[Pawanjit Singh]
Ls			President
			Sd/-
			[Surjeet Kaur]
			Member