By Smt. PREETHI SIVARAMAN.C, MEMBER

1. The complaint   in short is as follows:-

    On 11/08/2022 complainant approached opposite party hospital for the treatment of his 9 months old daughter Asha Bathul.  As per the direction of doctor at opposite party hospital, child was admitted in the hospital and she was under treatment there for nearly four days. On 15/08/2022 she was discharged from the hospital and on that day complainant got a bill for Rs.7970/-and Rs.1850/- from opposite party hospital.  As a part of the treatment, Nebulisation was given to the child.

2.     In that bills, opposite party charged Rs. 60/- for Nebulisation of the child and they also charged Rs.1080/- for next Nebulisation and Rs.1080/- for oxygen. When complainant got the bill, he asked opposite party staff to explain about the details of Nebulisation with oxygen and the cost of oxygen alone.   They not only hesitate to  explain this to complainant, but also behaved very badly to complainant. Moreover opposite party charged Rs.200/- as establishment charge in the above bill. They also charged in the heads of electricity, water charge and cleaning charge. Opposite party not ready to explain the questions of complainant regarding the bills given by them to complainant.  It is an unfair trade practice from the side of opposite party.  Hence this complaint.

3.        It is the duty of opposite party to explain the doubts of the patients and other consumers who approach them.  Moreover it is the right of the consumers or patients to know about the services of the hospital and the fees etc they have charged. Moreover opposite party authorities behaved badly towards the complainant. The act of opposite party caused mental agony, physical hardships and sufferings to the complainant. 

4.    The prayer of the complainant is that, he is entitled to get Rs.50,000/- as compensation on account of unfair trade practice on the part of opposite party  and thereby caused mental agony, physical hardships and sufferings to the complainant and Rs. 10,000/- cost of the proceedings. 

5.          On  admission of  the  complaint  notice  was issued to the opposite party and notice served on them and they appeared before the Commission through their counsel and filed version.

6.        In their version, they denied all the allegations levelled by complainant against them except those which are admitted there under. They admitted that the daughter of complainant was admitted in their hospital and she was discharged on 15/08/2022 and as a part of the treatment opposite party hospital given Nebulisation to the child. But the other allegations levelled by complainant against them were denied by opposite party. They again stated that, they never received any amount from complainant illegally. For the convenience and coordination of daily activities of the hospital, the hospital administration system was divided into various departments. That means there exist four pharmacies   like OP pharmacy, IP and Gynaecology pharmacy, OT Block pharmacy and Cardiac pharmacy. For convenience of accounting a code number had been provided to each pharmacy. The amounts from the paid bills are credited to the account corresponding to the code number. These code numbers are provided   for identifying the bills that are issued from each pharmacy.    7.     Complainant misunderstood the 10^th item nebulisation 02 (Zero Two) as oxygen. The opposite party was cleared the doubts of complainant from the hospital itself. They again stated that the English alphabet ‘O’ and ‘0’ (Zero) were printed differently in that bill.  When printing Zero by using a computer, there is a line will come in the middle portion of number 'Zero'. It is a printing method to differentiate 0 and O.  Moreover they stated that they only charged Rs.50/- in the column of 'establishment' for using other facilities of the hospital by complainant’s daughter.

8.   They again stated that, it is only a misunderstanding from the side of complainant. Moreover they stated that hospital is conducting by a charitable committee for charity purposes. They never received any amount illegally from complainant. They are providing the services in a minimal price. The complaint of complainant affected the reputation of the hospital.  Hence the complaint may be dismissed.

9.        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 to A3. Ext.A1 is the copy of discharge card and the details of investigation done and treatment details given by opposite party to complainant. Ext.A2 is the copy of cash bill given by opposite party to complainant dated 15/08/2022.  Ext.A3 is the copy of cash bill given by opposite party to complainant dated 15/08/2022.Thereafter opposite party also filed affidavit but no documents filed.

10.     Heard complainant and opposite party. Perused affidavit and documents.  The following points arise for consideration:-

1. Whether there is any unfair trade practice on the part of opposite party.
2. If so, reliefs and cost

11. Point No.1 and 2:-

        Case of the complainant is that opposite party hospital illegally received huge amount for Nebulisation and they charged separate amount for oxygen. He again stated that it is a right of the consumers or patients to know about the services of the hospital and the fees etc they have charged.  Opposite party admitted that they treated complainant’s daughter at their hospital, but they denied the allegation of complainant that opposite party charged extra amount for Nebulisation and oxygen.

 12.      As per Ext. A1 it is clear that complainant’s daughter was admitted at opposite party hospital on 11/08/2022 and discharged on 15/08/2022. In that document there mentioned about the clinical summary and the treatments given by opposite party hospital to complainant’s daughter.  In Ext. A2 document   there clearly mentioned about the amount that opposite party have charged for each head.  Ext. A3 also a cash bill and there mentioned about the particulars that charged by opposite party for the treatment of complainant‘s daughter. 

13.    Both complainant and opposite party admitted about the treatment of complainant’s daughter at opposite party hospital. But the other allegations raised by complainant were due to misunderstanding from the side of complainant. There is no common standard and general principles regarding the treatment expenses charged by different hospitals. The room rent, electricity bill, Nurses charges, Doctors charges, operation charges etc are varied from hospital to hospital. In the  version and affidavit of opposite party  they argued that  for the convenience and co-ordination of  daily activities of   the hospital, the hospital administrative system   was divided  into various departments. They again stated that in their hospital there exist four pharmacies like OP pharmacy, IP and gynaecology pharmacy, OT-Block pharmacy and cardiac pharmacy. For convenience   of accounting a code number had given to each pharmacy.  The amounts from the paid bills are credited to the accounts corresponding to the code. They again stated that these codes are provided for identifying the bills that are issued from the pharmacies.  

14.     In their version and affidavit they pointed out some examples of code numbers connected with each item in Ext.A2 document submitted by complainant. They stated that the serial numbers  in the cash  bill (Ext.A2) they provided to complainant  clearly shows  the  code numbers i.e, medicine credit bills : 13, medicine credit bills:P5. First medicine credit bill is having a code No.13 and second credit bill is having a code No.P5.  They stated that the amounts are credited from the paid bills into the code numbers given to each pharmacy bills.  They again stated that, they charged separate amounts for Nebulisation and oxygen and separate codes for the   convenience of crediting of the amount to separate accounts. Even though they did not submit any documents to prove the contentions raised by them, but we are on the opinion that there is no need to disbelieve the contentions raised by opposite party. The main allegation raised by complainant in this case is regarding  Nebulisation - 02 in Ext A2  document.  Complainant argued that, it is O₂ not 02.  The molecular formula of O₂ represents a molecule of oxygen contains two atoms of oxygen. O₂ is  dioxygen  molecule. That represents O_2, not like 02.  Both are different. 

 15.    From the complaint and version we are on the opinion that it is a misunderstanding by complainant regarding ‘O’ and ‘0’.   We accept the arguments of opposite party. There is no need to disbelieve the contentions raised by opposite party.   We are also on the opinion that complainant misunderstood O₂ and 02.  Hence the complaint stands dismissed.

Dated this 30^th day of June, 2023.

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.A1to A3

Ext.A1  : Copy of discharge card and the details of investigation done and treatment

                details given by opposite party to complainant.

Ext.A2  : Copy of cash bill  given by opposite party to complainant dated 15/08/2022.  Ext.A3  : Copy of cash bill  given by opposite party to complainant dated 15/08/2022.

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