Punjab

Rupnagar

RBT/CC/18/169

Ganesh Kumar - Complainant(s)

Versus

Ludhiana Mediways Pvt.Ltd - Opp.Party(s)

GS Bal adv

02 Dec 2022

ORDER

DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION, CAMP COURT AT LUDHIANA

 

                                                  RBT/Consumer Complaint No. 169 of 12.3.2018

                                                  Date of Decision: 02.12.2022

 

Ganesh Kumar, aged 52 years, son of Late Sh. Bal Krishan, presently resident of New Abadi Phillaur, District Jalandhar through his attorney Sh. Rakesh Kumar Goyal, son of late Sh. Bal Krishan, presently resident of new Abadi Phillaur, District Jalandhar 

                                                                                          ……Complainant

                                                            Versus

1. Ludhiana Mediways Private Limited, New Octroi Post, Ferozepur Road, Ludhiana, through its authorized signatory
2. Dr.Harinder Singh Bedi
3. Dr. Madhu Sudan, employees of Ludhiana Mediways Private Limited, Near Octroi Post, Ferozepur Road, Ludhiana    

                                                                                              ….Opposite Parties

Complaint under Consumer Protection Act

QUORUM:-

                    SH. RANJIT SINGH, PRESIDENT

                    SMT. RANVIR KAUR, MEMBER

 

ARGUED BY:-

          Sh. G.S. Bal, Adv. For complainant

Ops exparte.

 

ORDER:-

SH. RANJIT SINGH, PRESIDENT

  The present order of ours will dispose of the above complaint received by way of transfer from District Consumer Commission, Ludhiana, filed under Consumer Protection Act, by the complainant against the opposite parties on the ground that the complainant is being filed by the complainant through his attorney Sh. Rakesh Kumar Goyal son of Late Sh. Bal Krishan presently resident of New Abadi Phillaur, District Jalandhar. Sh. Rakesh Kumar Goyal, has complete knowledge about the facts of the case and he is competent to depose about the same in this Hon’ble Commission. The complainant suffered fits attack on 29.9.2017 and he fell down in his house. He was immediately removed by his brother from his place of residence to opposite party for treatment. OP No.2 & 3 gave treatment to the complainant for cardio respiratory arrest in the hospital of opposite parties. The complainant remained admitted under OPS No.2 &6 3 in the hospital of OP1 within effect from 29.9.2017 to 2.10.2017 for his treatment. During the said period the Ops No.2 & 3 conducted different tests and wrongly diagnosed the complainant for the disease which he was not suffering from. Thereafter, the OP1 at the instance of Ops No.2 & 3 raised illegal bill for Rs.1,04,270/- from the complainant. The complainant was not satisfied with the diagnose and treatment provided by the Ops and to this effect the complainant raised protest but it is Ops, who were not ready to listen genuine grievances of the complainant. Under the compelling circumstances of the complainant shown his intention for discharging him from the OP No.1 made the payment to OP1 at the instance of Ops No.2 & 3.  The complainant was not satisfied with the treatment provided by the Opposite Parties and being dissatisfied got hism discharged from opposite parties under LAMA. The complainant was got admitted for his treatment on 2.10.2017 in unit Hero DMC Heart institute New Dayanand Medical College and Hospital, Civil Lines, Ludhiana and the complainant was attended upon By Dr.Bishav Mohan and Dr. Bhupinder Singh and they done different tests and invstigation and discharged  the complainant on 4.10.2017 and the complainant was found to be normal by the said hospital. The complainant was not suffering from any disease diagnosed and treatment meted out by Ops. The complainant was kept in a dark by opposite parties and opposite parties have malafide and illegally charged Rs.1,07,270/- from the complainant by putting him in a fear of a disease which he was not suffering from. Thus, alleging deficiency in service on the part of the OPs, the complainant sought the following reliefs against the OPs:-

1. To refund Rs.1,04,270/-along with interest @ 12% per annum from the date of payment i.e. 2.10.2017 till actual realization
2. To pay Rs.50,000/- as compensation on account of mental agony and physical harassment
3. To pay Rs.22,000/- as litigation expenses.

2. Upon notice, the Ops have choosen to remain exparte vide order.
3. The learned counsel for the complainant has tendered affidavit along with documents in support of their version and closed the evidence.
4. We have heard the learned counsel for the complainant and OPs and have gone through the record file, carefully and minutely. 
5. Since the OPs have chosen to remain ex-parte and otherwise also the evidence of the complainant appears to be cogent, reliable and trustworthy. We have no alternative except to believe the contents of the complaint as well as documentary evidence attached with the complaint by the complainant. It is, proved on the file that the complainant had suffered fits attack on 29.9.2017 and he fell down in his house. He was immediately removed by his brother from his place of residence to opposite party for treatment. OP No.2 & 3 gave treatment to the complainant for cardio respiratory arrest in the hospital of opposite parties. The complainant remained admitted under OPS No.2 &6 3 in the hospital of OP1 within effect from 29.9.2017 to 2.10.2017 for his treatment. During the said period the Ops No.2 & 3 conducted different tests and wrongly diagnosed the complainant for the disease which he was not suffering from. Thereafter, the OP1 at the instance of Ops No.2 & 3 raised illegal bill for Rs.1,04,270/- from the complainant.
6.  It is pertinent to mention here that the Consumer Protection Act, 2019, is benevolent legislation enacted to help the poor consumers, which are being regularly harassed by the unscrupulous traders, who even after receiving the money do not provide the proper services to the consumers. We feel that the very purpose of the Consumer Protection Act, 2019, will fail if such types of traders are not brought to book and asked to pay compensation.
7. In view of our above discussion, we allow the present complaint and O.Ps. are directed to refund amount of Rs.1,04,270/- along with interest @ 7% per annum from the date of filing of the present complaint. The OPs are further directed to pay a lum sump amount of Rs.11,000/- to the complainant within a period of 30 days from the date of receipt of certified copy of this order.  Free certified copies of this order be sent to the parties, as per rules. The file be sent back to the District Consumer Commission, Ludhiana, for consigning the same to the record room.

 Announced:

02.12.2022                                                              (RANJIT SINGH)

                                                                                PRESIDENT

 

 

 

                                                                                (RANVIR KAUR)

                                                                                MEMBER