Punjab

Fatehgarh Sahib

RBT/CC/205/2018

usha Rani - Complainant(s)

Versus

IVY Hospital - Opp.Party(s)

Inperson

30 Nov 2021

ORDER

 

THE DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION,

FATHGARH  SAHIB.

                                                              Complaint Case No: 205 of 2018

       Date of Institution: 19.02.2018

      Date of Decision: 30.11.2021

Usha Sharma W/o Sh. H. L. Sharma R/o House No.321, Preet Colony, Near Nanda Poultry Farm, Near Ganesh  Jee Casting, Ambala City, Distt Ambala.

 

                                                                          ...........Complainant

Vs.

1. IVY Hospital, through its managing  director/Manager Concern Sector 71, Mohali, Punjab..
2. Fortis Hospital through its managing director/Manager Concern Sector 71, Mohali, PUnjab.

 

                                                                  .............Opposite Parties

 

Complaint Under Section 12 of Consumer Protection Act 1986(Old)

 

Quorum

Sh.Pushvinder  Singh, President

Ms.Shivani Bhargava, Member

 Sh.Manjit Singh Bhinder, Member

   

Present: Sh. Munish Kumar, Authorized Representative of complainant

Sh. Inderdeep Singh, Advocate, Counsel for opposite party  no.1.  

Sh. Munish Kapila, Advocate counsel for Opposite party no. 2

ORDER

By Pushvinder  Singh, President

 

                      The present complaint was filed under Consumer Protection Act, by the complainant (hereinafter referred as ‘CC’ for short) against the Opposite Parties (hereinafter referred as “OPs” for short) Under Section 12 of the Consumer Protection Act 1986. The brief facts of the complaint are as under:-

  2.                  In the complaint, Usha Sharma, CC stated that in the midnight of dated 10.9.2016 the mother of the CC namely Smt. Wash Devi complained of having pain in her abdomen followed by  severe vomiting. The CC on seeing the paucity  of situation took  her immediately  to Military Hospital Ambala Cantonment and was got admitted in emergency and later on the investigations on the person of mother of the  CC were carried out.  The mother of the CC remained in ICU at Military Hospital but her health started getting deteriorating. The doctors of the Military hospital after due examination  of the health hazards and consequences thereon, mother of the CC was referred to ECHS empanelled Hospitals with a forwarding letter in that regard, so that the victim could be given out of  turn treatment  and immediate admission in ECHS  hospital for a speedy treatment.  On13./09/2016 at 1:30
AM  the CC along with  her mother reached IVY hospital Mohali i.e OP no.1 as the same being the empanelled Hospital under ECHS scheme  but to the  utter surprise the doctors of the hospital refused to admit the mother of the CC for the simple reason that they did  not have a bed in their ICU. Feeling no alternate, the CC moved for Fortis Hospital Mohali  i.e OP no.2 (ECHS empanelled) but the same response was received from the OP no.2.  The OP no.2 came with the same excuse  that they were not having  bed in ICU.  During the entire commutation the health of the mother of the CC suffered a lot  but the OPs due to their adamant nature even were found reluctant to provide  the basic first aid to the mother of the CC. The CC being helpless was left with no remedy except to move back her mother to Military Hospital situated at Ambala at a distance of 70-80 Kms from Mohali. On 13.9.2016 at 5:30 AM-6:30AM the mother of the CC was again got admitted in ICU of Military Hospital Ambala where she was stabilized  and then seeing the criticalness of the patient , was referred to Indus International Hospital  Dera Bassi, Mohali which  is also the empanelled ECHS Hospital  situated at distance of 50 Kms from Ambala and the CC managed to get her mother admitted in that very hospital at 9:15 A.M. On the unfortunate day of 13/09/2016  mother of the CC left for heavenly abode when her routine tests were being conducted. The CC being the  daughter of the deceased was shocked to hear the news of her demise and all this happened due to negligence of the OPs.  Had, the  deceased given treatment in ICU by the OPs then in that event she would have survived but nowadays the hospitals have transformed themselves as a platform for commercialization and they often show reluctance for any service to patient who is not able to pay them. Later on the CC moved an application  against the conduct of the OPs through her son namely Sh.Manish Kumar on dated 13.10.2016 to Punjab Medical Council situated at Medical Education Bhawan 2^nd floor, Sector 69, Mohali but no fruitful results could be achieved, as of now. By not admitting mother of the CC the OPs had harassed the CC physically and mentally and has caused financial loss to the CC. Hence , this complaint is for  giving  directions to the OPs to pay Rs.9,00,000/- ( total Rs.18,00,000/-)   each in the shape of compensation  to the CC alongwith the total amount incurred by the CC in the medical treatment of her mother and Rs.33,000/- on account of the litigation expenses alongwith the interest accrued thereon  .

3.                          Notice of complaint was given to OPs. They appeared and filed their separate written replies. In reply to the complaint, the OPs no.1 and 2   alleged that the sole grievance of the CC is that her mother could not be admitted to  hospital because of non-availability of ICU bed.  In this regard OPs no.1 and2 had given the same in writing . On the said letter , names and addresses  of 14 other hospitals (ECHS empanelled) alongwith their phone numbers were provided to CC on where the patient could be taken.   It is submitted that mere non-availability of bed cannot be construed as an aberration on the part of the hospital warranting award of compensation to the CC. The patient did not require First Aid as alleged; the reason for stating so  is that she was not an accident patient. But she was a patient who required an ICU bed. Since the bed was not available , so without wasting the time of the patient it was informed that the patient should be taken to another facility.  This fact is recorded in the letters given by the OPs no.1 and2, wherein details of  14 hospitals were mentioned in the vicinity, alongiwth their phone numbers. There upon. CC attendants could have contacted any of  the  hospitals and could have taken the patient to any one of these centers. There was no negligence on the part of the hospital in bringing to the notice of the patient’s attendants that no ICU bed is available in the hospital. Accordingly , OPs. no.1 and 2 prayed for dismissal of the complaint with costs.

 

4.                          The CC in support of his complaint tendered in evidence his affidavit Ex.CW-1/A along with  documents Ex.C1 to Ex.C20. In rebuttal the OP no.1 tendered in evidence  affidavit of Sh. Ravinder Minhas Ex.OP1/1 alongwith documents Ex.OP1. The OP  no.2 tendered in evidence affidavit of  Abhijit Singh Ex.OP2/1-A alongwith document Ex.OP2/1

5.                  We have heard learned counsel for the complainant  and OPs and have also gone through the record.

6.                     In this complaint the points of determination are as under:-

(i) Whether the OPs harassed the CC physically and mentally and has caused financial loss to the CC ?

(ii)   Whether there was                            any negligence on the part of the OPs no.1 and2 or there was any deficiency in service as alleged by the CC ?

(iii) Whether the CC is entitled for any damage or compensation  as prayed for by the CC ?

  7.            The CC has filed this complaint on the allegations that her Mother Wash Devi was having pain in her abdomen followed by severe vomiting and she was taken to Military Hospital Ambala Cantonment and got admitted in emergency. Mother of the CC remained  in ICU at Military Hospital  but her health   started deteriorating and she  was referred to ECHS empanelled Hospitals with a forwarding letter in that regard so that the patient  could  be given out of turn  treatment .  The CC alongwith her mother reached IVY Hospital Mohali i.e OP no.1 being an empanelled Hospital under ECHS scheme but to  utter surprise  the doctors  of the same hospital  refused to  admit  mother of the CC  for the simple reason that  they did not have  a bed in ICU.  Thereafter,  the CC went  to Fortis Hospital Mohali, i.e OP no.2  but her mother was not admitted, the OP no.2 came with the same  excuse that, that OP  no.2 was not having any bed in ICU .  The CC has alleged that she was again  got  admitted in ICU of Military Hospital Ambala . From where she was referred to Indus International Hospital Derabassi, Mohali, where she unfortunately  expired on  13.09.2016.

              The  grouse of the CC is that the OPs harassed her physically and mentally  and they intentionally did  not admit her mother  with the lame excuse of non availability of bed in ICU. The OPs  had stated that there was no ICU bed  available in the hospitals , as per the condition  of  mother of the CC. The Ops have alleged that  they gave in writing  about  the non-availability of ICU bed  and they also provided  a list of other hospitals empanelled under  ECHS scheme along with their contact numbers. The CC has proved copy of discharge  slip of her mother namely Wash Devi  from the Military Hospital , Ambala as Ex.C4 and whereby while discharging  mother of the CC, was referred  to ECHS empanelled Hospitals.   The CC went to IVY Hospital Mohali i.e OP no.1but she was not admitted and letter was given by the hospital copy of which , Ex.C5 and it was stated by the Hospital that she could not be admitted at IVY Hospital  Mohali, in view of non availability of bed in ICU/ventilator . List of 14 other hospitals  were also given to the CC situated at  nearby Mohali , Chandigarh to the CC alongwith  addresses and telephone numbers of above said  hospitals.  Similarly Fortis Hospital Mohali i.e OP no.2 also gave  in writing that they are not  able to admit the Patient in view of non availability of ICU bed/ventilator . The authorities of Fortis Hospital Mohali  also gave a list of 14 empanelled hospitals nearby Mohali and Chandigarh alongwith their phone numbers and address as Ex.C18.

8.                     Admittedly  the Mother of the  CC was referred to any empanelled Hospital under  ECHS scheme. She was not referred  to IVY Hospital Mohali or Fortis Hospital Mohali specifically . The both Hospitals  showed their inability to admit the mother of the CC due  to non availability of bed in ICU and both hospitals provided a list of other 14 empanelled hospitals alongwith  their contact numbers and addresses.  From the perusal  of the list of empanelled Hospitals under  ECHS scheme, we find that PGI Chandigarh, GMCH Sector 32, Chandigarh and General Hospital Sector 16 A, Chandigarh were also empanelled  along with other 11 Hospital and CC could have gone to  any other Hospital under the scheme instead of  returning back to Military Hospital , Ambala. From the material available on file we do not find any intentional act  of the Ops no.1 and2 which  caused any type of harassment to the CC. It was unfortunate and bad luck that the bed was not available with the Ops no.1 and 2 in ICU.  This commission has sympathy with the CC,  but  without any fault of OPs, they can not be held  liable for compensation or damages as prayed for.

  9.                  In view of our aforesaid discussion we find no ground to allow the complaint and the same is hereby dismissed. Certified copy of the order be supplied to the parties as per rules.  File be indexed and consigned to record room.

 

Announced

November  30, 2021

                                                                (Pushvinder Singh)

                                                                President

 

 

                                                       

   (Shivani Bhargava)

                                                                                     Member

 

 

 

                                                                     (Manjit Singh Bhinder)

Member