By Smt. PREETHI SIVARAMAN.C, MEMBER
1.The complaint in short is as follows: -
Complainant is 100% blind person having 65 years old. Complainant stated that for the past seven years, he was living at Makkah Lodge conducted by opposite parties by paying Rs 100/- per day as rent to opposite parties. His rented room is at the top of the Makkah lodge and he was using an iron ladder to go up . Without giving prior information to complainant, opposite parties had changed the above iron ladder with a new ladder. But they did not inform that change to the complainant. The new ladder had no such system which will give protection while using the stairs by a blind person like complainant. On 03/10/2021 complainant slipped and fell down from the ladder due to the unscientific making of the ladder and due to the defects of the ladder, Complainant had seriously injured due to the falling down from the iron ladder at opposite party's lodge. Then complainant had taken to nearest hospital namely Mercy Hospital, Kondotty and taken X-ray. From there it is found that complainant’s ribs were injured.
2. For further treatment they referred complainant to the higher centre Manjeri Medical College Hospital. After taking admission, complainant had treated from there for 3 days and on 17/10/2021 they referred complainant to Kozhikode Medical College. Complainant was admitted there nearly 13 days and on 26/10/2021 he was discharged from there. Thereafter he was in regular treatment for the next six weeks at his house. Due to this accident complainant was unable to do his day to day affairs. Complainant informed the opposite parties about his plight, but they did not even make a call or enquired about the situation of complainant. Moreover they did not give any amount to complainant for his treatment. The defect in making the new iron ladder and non giving of prior information about the new ladder to complainant are the reason for falling down of complainant from the ladder. Moreover oppositeparties did not provide any help to complainant mentally, physically and financially.Due to the act of opposite parties complainant suffered a lot. Hence this complaint.
3. The prayer of the complainant is that he is entitled to get Rs. 60,000/- as compensation for the financial loss suffered by him, Rs. 40,000/- as compensation for the physical damage suffered by him and Rs. 25,000/- as compensation for the deficiency in service from the side of opposite parties.
4. On admission of the complaint notice was issued to the opposite parties and notice served on them and they appeared before the Commission once. Thereafter they did not turn up and did not file version and affidavit. Hence opposite parties set exparte.
5. In order to substantiate the case of the complainant, he filed an affidavit in lieu of Chief examination and the documents he produced were marked as Ext. A1 and A2. Ext.A1 is the copy of reference card given to complainant from Medical College Hospital, Kozhikode, Ext.A2 series are the copies of treatment details from Medical College Hospital, Kozhikode, Manu Scan Centre Manjeri, Spiral CT Scan Centre, Medical College Hospital , Manjeri.
6. Heard the complainant and perused the affidavit and documents filed by complainant. The allegations against opposite parties are proved by the unchallenged evidence of complainant. There is no contra evidence in this matter. Complainant produced two documents which clearly shows that complainant had suffered some problems in the dates mentioned by complainant in the complaint. As per documents, it is clear that he had approached Kozhikode Medical College and Manjeri Medical College and had taken scanning from Kozhikode and Manjeri. In the scanning report, CT of Thorax which had taken from Spiral CT Scan Centre dated 15/10/2021, there mentioned fracture involving left posterior 7th , eighth and ninth ribs with minimal displacement. The scan report of plain and contrast CT scan thorax and abdomen from Department of Radio diagnosis of Government Medical College Hospital , Kozhikode dated 17/10/2021 there also mentioned undisplaced fracture noted involving anterolateral aspect of right 5th , 6th ribs , anterolateral aspect of left 4th , 5th, 6th ribs and posterior aspects of left 7th, 9th ribs. The fracture of ribs also noted in the reference card produced by complainant before the Commission. The placing of new ladder was not informed by opposite parties to complainant in advance. Complainant is 100% blind person and it is very difficult for the complainant to adjust a new situation. Due to the 7 years of continuous use, complainant has positively connected with the ladder which was there for climbing into his room. Complainant stated that opposite parties did not inform him about the changing of the ladder that is why he fell down while using the new ladder instead of old one. Another allegation of complainant is that, opposite parties are not ready to provide financial and physical help to complainant. Opposite parties once appeared before the Commission, but they did not file version and affidavit. But complainant did not produce any receipt for the treatment he had taken from Mercy hospital, Kondotty. He did not produce the bills regarding scanning and X-ray and he did not submit any documents regarding the X-ray . But as per documents it is clear that he had taken treatment from different hospitals from 17/10/2021 to 26/10/2021 and he was admitted at Medical College hospital, Kozhikode. Hence the Commission finds that there is deficiency in service and unfair trade practice on the
part of the opposite parties as alleged in the complaint. Hence we allow this
complaint holding that opposite parties are deficient in service.
7. We allow this complaint as follows:-
- The opposite parties are directed to pay compensation of Rs.15,000/- (Rupees Fifteen thousand only) to the complainant on account of deficiency in service on the part of opposite parties and thereby caused mental agony, physical hardships and sufferings to the complainant.
- The opposite parties also directed to pay Rs.3,000/-(Rupees Three thousand only) as cost of the proceedings.
If the above said amount is not paid to the complainant within 30 days from the date of receipt of copy of this order, the opposite parties are liable to pay the interest at the rate of 12% per annum on the said amount from the date of receipt of the copy of this order till realisation.
Dated this 21st day of December, 2022.
MOHANDASAN K., PRESIDENT
PREETHI SIVARAMAN C., MEMBER
MOHAMED ISMAYIL C.V., MEMBER
APPENDIX
Witness examined on the side of the complainant : Nil
Documents marked on the side of the complainant : Ext.A1 & A2
Ext.A1 : Copy of reference card given to complainant from Medical College Hospital
Kozhikode ,
Ext.A2 : Series are the copies of treatment details from Medical College Hospital ,
Kozhikode, Manu Scan Centre Manjeri, Spiral CT Scan Centre, Medical
College Hospital , Manjeri
Witness examined on the side of the opposite party : Nil
Documents marked on the side of the opposite party : Nil
MOHANDASAN K., PRESIDENT
PREETHI SIVARAMAN C., MEMBER
MOHAMED ISMAYIL C.V., MEMBER
