DISTRICT CONSUMER DISPUTES REDRESSAL FORUM (CENTRAL)
MAHARANA PARTAP BUS TERMINAL: 5th FLOOR.
KASHMERE GATE DELHI.
No. DF / Central/ 2015
ConsumerComplaint | : | CC No 221/12 |
Date of Institution | : | |
| | | |
Tanvi Madan
W/o Sh. Kunal Madan,
7/19 West Patel Nagar
New Delhi-110008 ..........Complainant
Versus
Fortis, Jessa Ram Hospital
Wea , Karol Bagh, New Delhi
..........Respondent/OP
BEFORE
SH. RAKESH KAPOOR, PRESIDENT
SH. S. N. SHUKLA, MEMBER
ORDER
Per Sh. RakeshKapoor, President
On 14.4.2011, the complainant had made an advance booking for her delivery at the OP hospital and had made a payment of 5000/- in this regard. She was registered under Dr. H. J. Chibber. It is alleged by the complainant that on 9.6.2012 she had gone to the hospital for a regular checkup and was informed that Dr. Chibber is not available for here treatment/ delivery. Due to non-availability of Dr. Chibber she had got herself admitted in Sir Ganga Ram Hospital for delivery and had sought the refund of the advance booking of Rs. 5000/- the OP had failed to refund the amount despite request and a legal notice dated 26.6.2012. Hence, the complaint.
The OP has contested the complaint and has filed a written statement. It has denied any deficiency in service on its part and has claimed that the complaint is liable to be dismissed. Paras 3 to 7 of the reply filed by the OP are relevant for the purpose of the disposal of this complaint and are being reproduced as under:-
3. In reply to para 3 it is stated that, the complainant made booking for her delivery at the Fortis Jessa Ram Hospital. It is further submitted that at the time of deposit itself it was made clear to the complainant that the advance amount for booking was non-refundable. It is further submitted that the receipt issued to the complainant also confirmed the same in writing that the advance booking amount was “non-refundable”. It is further submitted that on receipt of advance booking amount, the OP hospital could not offer the same to any other person/ patient. In fact on account of complainant not availing the services of the OP despite booking, the complainant made the OP suffer losses on account of non- utilization of labour room booked for delivery.
4. Para 4 of the complaint is wrong and denied. It is denied that on 9.6.2012 the complainant went to OP for regular checkup with Dr. H. J. Chibber in general OPD ward. It is denied that the complainant was told that Dr. H. J. Chibber was not available for delivery and treatment of the complainant without any fault of complainant. It is submitted that the allegations leveled by the complainant are false and frivolous. It is submitted that it is a false accusation that Dr. H. J. Chibber was not available for delivery. It is submitted that Jessa Ram Hospital has, apart from Dr. H. J. chibber other Gynecologists also who hold OPD consultations at JRH.
5. Para 5 of the complaint is wrong and denied. It is denied that the life of the complainant was at risk due to non-availability of the Dr. H. J. Chibber in the hospital at the time of delivery of the complainant. It is stated that the allegations are imaginary and are fabricated. The falsity of the accusation is evidence from the fact that on one hand that complainant is stating that she underwent delivery at Sir Ganga Ram Hospital and on the other hand, the complainant is vaguely alleging that Dr. Chibber was not available in the Hospital at the time of delivery. It is submitted that the complainant did not get her admitted in the Jessa Ram Hospital for delivery of her baby and never reported at the Jessa Ram Hospital at the time of delivery or near that time. It is further submitted that Dr. Chibber had treated her patients at the Jessa Ram Hospital and also undertaken delivery cases at Ganga Ram Hospital. Copies of the discharge summary of babies delivered at Jessa Ram Hospital under supervision of Dr. chibber are enclosed herewith. The accusation of risk to life of the complainant are baseless and have been made with ulterior motives.
6. Para 6 of the complaint is wrong and denied and in its reply it is submitted that it is the complainant who did not avail the services of the OP as per booking and did not seek admission or report for delivery at Jessa Ram Hospital and is now making false and frivolous allegations against the OP hospital with ulterior carelessness and deficiency in services on the part of the OP. The complainant did not avail of the services of the OP despite booking and is making wild allegations against the OP with ulterior motives. It may be mentioned that the complainant was the patient of Dr. Chibber and the Said Dr. Chibber had treated her patients at the Fortis Jessa Ram Hospital and also undertaken delivery cases at Ganga Ram Hospital. Copy of discharge summary of babies delivered at Jessa Ram Hospital under supervision of Dr. Chibber re-enclosed herewith as annexure R-1.
7. Para 7 of the complaint is wrong and denied. It is denied that the due to non-availability of Dr. H. J. Chibber the complainant had to go to Sir Ganga Ram Hospital for her delivery and further treatment. It is denied that the conduct of the OP amounts to gross deficiency in service on the part of OP. It is submitted that the allegations leveled by the complainant are absolutely false in as much as it is the complainant who did not avail the services of the OP. It is further submitted that the complainant was the private patient of Dr. Chibber and might have chosen another gynecologist for her delivery. It is further submitted that the complainant has not placed any document evidencing her delivery at Ganga Ram Hospital. It is further submiited that Dr. Chibber had treated her patients at the hospital and also undertaken delivery cases at Ganga Ram Hospital.
We have heard arguments advanced at the bar and have perused the record.
It is admitted by the OP that the complainant that he complaint and made an advanced booking with the OP hospital for her deliver y and had registered herself under Dr. H. J. Chibber. In June, 2011, on a visit to the hospital for routine checkup ,she had found out that Dr. Chibber was not available for here treatment/ delivery. She had , therefore, brought herself admitted in another hospital for delivery and had sought the refund of Rs. 5000/- from the OP as no services were provided by it. The complainant has placed on record a copy of the letter date 14.6.2012 vide which she had requested for the refund of the aforesaid amounts. The letter inter-alia reads as under:-
Dear Sir,
This to inform you that I was undergoing treatment from Dr. Chibber under pregnancy and made advance booking for my delivery for sum of Rs. 5000/- vide your receipt no. IPA 81655 dated 14.4.2012. However now she (Dr. Chibber) has left hospital and is not available for delivery and treatment without any fault of mine. Therefore, you are requested to please refund my sum of Rs. 5000 at earliest.
Sd/-
Tanvi Madan
The complainant has also placed on record a copy of the legal notice dated 26.6.2012 which was served by her on the OP hospital. This notice was not only not complied with but was also not replied to. It has been held in a no. of cases that where serious allegations are leveled in a notice and the noticee does not refute the same a presumption may be drawn that the averments made in the notice are true. (See Kalu Ram Vs Sita Ram 1980 RLR (Note 44) and Metro Polis Travels vs Sumit Kalra & Another 98 (2002) DLT 573 (DB). ) The OP on its part has filed on record an affidavit of Dr. Rajiv Ranjan Kumar which has been perused by us. He has not denied the fact that the service of Dr. H. J. Chibber were not available to the hospital in June 2012. Even though, this Doctor was available in the hospital in July 2012 , in January 2013 and July / August 2013 and in October 2013. It appears to us that the story putforth by the complainant is correct. It appears to us that Dr. H. J. Chibber under whom the complainant was registered for her delivery had left the services of OP hospital in June 2012, which had forced the complainant to shift to another hospital for her delivery. The refusal of the OP hospital was, therefore, to refund the advance booking of Rs. 5000/- made by her for the purposes of her deli very in the OP hospital, was an act of deficiency on its part. It appears to us that the OP hospital has acted as a purely commercial organization regardless of the fact that a hospital is expected to give service to the patients and public agents. We , therefore, direct the OP hospital as under:-
- Refund to the complainant a sum of Rs 5000/-.
- Pay to the complainant a sum of Rs 20,000/- as compensation for pain and agony suffered by her.
- Pay to the complainant a sum of Rs. 5,000/- as cost of litigation.
The OP shall pay this amount within a period of 30 days from the date of this order failing which they shall be liable to pay interest on the entire awarded amount @ 10% per annum. IF the OP fails to comply with this order, the complainant may approach this Forum for execution of the order under Section 25/27 of the Consumer Protection Act.
Copy of the order be made available to the parties as per rule. File be consigned to record room.
Announced in open sitting of the Forum on.....................
(S N SHUKLA) (RAKESH KAPOOR)
MEMBER PRESIDENT
