Haryana

Bhiwani

CC/57/2018

Ravi Dutt - Complainant(s)

Versus

M.C - Opp.Party(s)

Neeraj Sharma

27 Mar 2024

ORDER

BEFORE THE DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION, BHIWANI.

 

                                                             Consumer Complaint No. :  57 of 2018

                                                        Date of Institution           : 13.04.2018

                                                                  Date of order                  : 27.03.2024

 

Ravidutt Sharma (since deceased) son of Sh. Sedhu Ram through his legal representative Mukesh Dutt son of Late Sh. Ravidutt Sharma R/o Gali Doctor Murari Lal, Bhiwani, Tehsil and District Bhiwani.

  

           …Complainant.

 

Versus

 

Municipal Committee, Bhiwani Tehsil and District Bhiwani through its Secretary.

 

… Opposite Party.

 

COMPLAINT U/S 12 OF CONSUMER PROECTION ACT, 1986.

 

BEFORE:       Mrs. Saroj Bala Bohra, Presiding Member.

  Ms. Shashi Kiran Panwar, Member.

 

Present:-        Sh. Rahul Sheoran, proxy counsel for complainant.

Ms. Reena Sharma, Advocate for OP.

 

ORDER:

 

Saroj Bala Bohra, Presiding Member

 

1.                 In brief, facts of this case are that Complainant Ravidutt Sharma (now deceased) was serving as Clerk in the OP department and retired from service at Bhiwani. On 27.05.2017, complainant Ravidutt Sharma, all of sudden suffered heavy pain in abdomen and became unconscious. He was brought of Shanti Devi G.I. Hospital, Hisar for his treatment where he was operated and remained admitted in the hospital from 27.05.2017 to 31.05.2017, a sum of Rs.44311/- was incurred on the treatment. Complainant claimed the said amount from Op by submitting all the relevant documents for it but the OP did not pay any amount  and intimated vide letter dated 12.02.2018 that Civil Surgeon, Bhiwani has not passed the bills. So, legal notice dated 06.03.2018 was served upon the OP  but of no use. Hence, the present complaint has been preferred by complainant alleging deficiency in service on the part of Op resulting into monetary loss besides mental and physical harassment. In the end, prayer has been made to issue directions against OP to reimburse Rs.44311/- alongwith interest @ 18% upto date, to pay Rs.5000/- towards negligent act & conduct of OP alongwith interest @ 18% till payment. Further to pay Rs.50,000/- as compensation for harassment. Any other relief, to which this Commission deems fit, has also been sought.   

2.                 Upon notice, OP appeared and filed written statement raising preliminary objections qua jurisdiction, locus standi, estoppel, non-joinder of necessary parties and suppression of material facts. On merits, it is submitted that the hospital under which complainant got treatment is not empanelled hospital of the department/government of Haryana. However, on submission of medical bills by complainant, complainant was required to produce Emergency Certificate issued by concerned Medical Officer but complainant failed to produce the same. In the absence of said formalities, the bills were returned unpaid to the complainant. As such, the OP denied for any deficiency in service on their part and prayed for dismissal of the complaint with costs.

4.                 In evidence of complainant, affidavit of complainant Ravidutt Sharma was filed as Annexure CW1/A alongwith documents as Annexure C-1 to Annexure C-6 were tendered and then closed the evidence on 16.07.2019.

5.                 In evidence of OP, affidavit of Mr. Sanjay Yadav, Secretary, Municipal Committee, Bhiwani was filed as Ex. RW1/A alongwith documents Annexure R-1 & Annexure R-2 and closed the evidence on 03.09.2021.

6.                 We have heard learned counsel for the parties and perused the record minutely.

7.                 Perusal of documents (Annexure R-1 & R-2) reveal that reimbursement of medical bills was denied to complainant on the report of Civil Surgeon (Annexure R-2) whereby it is clarified that the treatment taken by complainant was not under emergency condition and on the basis of this report, OP department issued letter dated 12.02.2018 (Annexure R-1) denying reimbursement of medical bills.

8.                 Learned counsel for complainant has placed on record a document from P-III Govt. Instructions, 4. Un approved Hospitals, which taken on record as Mark-X wherein it is directed that:-

a) The reimbursement for the treatment taken in an emergency in an unapproved hospital will be allowed equal to PGI, Chandigarh rates with the approval of the *[Administrative] Department. *[The Verification/recommendation of the Govt. in Health Department also be obtained.]

b) Head of the department in consultation with the concerned Civil Surgeon is competent to certify an emergency.

                    On the basis of this document, learned counsel for complainant has argued that the OP department was required to consult the matter with his higher authority/administrative department but they did not do such like anything which amounts to deficiency in service on the part of Op resulting into monetary loss as well as mental and physical harassment to the complainant. The counsel has further drawn our attention towards Emergency Certificate (Annexure C-2) issued by treating doctor.

9.                 In view of the above and going through the entire record, the OP is deficient and negligent in providing proper services to the complainant which definitely has caused him monetary loss as well as mental agony and physical harassment. Hence, the complaint is allowed. Complainant in order to prove that he has incurred Rs.43,565/- on his treatment including medicines has placed on record Essential Certificate for medical reimbursement (Annexure C-1) which has been signed by the treating doctor. Thus it is evident that complainant has incurred Rs.43,565/- on his treatment and medicines. Accordingly, OP is directed to comply with the following directions within 40 days from the date of order:-

(i)       To pay Rs.43,565/- (Rs. Forty three thousand five hundred sixty five) to the complainant so incurred by him on treatment alongwith simple interest @ 9% per annum from the date of filing of complaint till actual realization subject to submission of original medical treatment bills & Essentiality Certificate, by complainant.

(ii)      To pay Rs.5000/- (Rs. Five thousand) as compensation for harassment. 

3. To pay Rs.5500/- (Rs. Five thousand five hundred) as litigation expenses.

                    In case of default, the OP shall liable to pay simple interest @ 12% per annum on all the aforesaid awarded amounts for the period of default. If this order is not complied with, then the complainant shall be entitled to the execution petition under section 71 of Consumer Protection Act, 2019 and in that eventuality, the opposite party may also be liable for prosecution under Section 72 of the said Act which envisages punishment of imprisonment, which may extend to three years or fine upto rupees one lac or with both.  Certified copies of this order be sent to parties concerned, free of costs, as per rules. File be consigned to the record room, after due compliance.    

Announced.

Dated:27.03.2024.