DISTRICT CONSUMER DISPUTES REDRESSAL FORUM PALAKKAD
Dated this the 29th day of June 2017
Present : Smt.Shiny.P.R. President
: Smt.Suma.K.P. Member Date of filing: 21/02/2017
: Sri.V.P.Anantha Narayanan, Member
(C.C.No.37/2017)
Noushad Ali.P.T
S/o Ali.P.T,
Pallikattu Thodi Veedu,
Alanallur,
Palakakd - Complainant
V/s
The Managing Director/Manager,
Mother Care & Health Centre Pvt Ltd,
Vattambalam,
Mannarkkad - Opposite party
O R D E R
By Smt.Suma.K.P. Member
The case of the complainant is that he had admitted his wife in the opposite party hospital for delivery on 06/11/2015, and the opposite party hospital had issued a discharge bill charging Rs.200/- for the registration of the birth of his baby. The complainant alleges that there is no fees for the registration of birth as well as death as per the laws of registration of birth and death and the opposite party hospital has collected the said amount illegally. He contacted the opposite party hospital over phone and enquired about it. But they showed an indifferent attitude and asked him to sort legal remedy. The complainant submits that the above attitude of the hospital authorities had caused him much mental strain and loss of time. He had suffered both physically and mentally for initiating legal remedies against the opposite party. Hence, the complainant had approached before this forum seeking an order directing the opposite party to refund Rs.200/- collected as registration fees along with Rs.80,000/- as compensation for his mental, physical & financial sufferings.
Notice was issued to the opposite party for appearance. Opposite party entered appearance and filed version stating the following.
The opposite party submits that their hospital was incorporated on 29th November 2005 under companies act, 1956. They are delivering affordable health care services in a patient friendly environment with a strong belief in ethical and transparent medical practice. The company has maintained an excellent reputation among the society and has been strictly following the rules and regulation of various acts applicable to them. According to the birth and deaths act, 1969 and Kerala Registration of Births and Deaths Rules 1999, if birth and death has taken place in hospitals such births/deaths are to be reported by the institutions within 21 days of births & deaths to the concerned Registrars (births & deaths). Registering the birth is the responsibility of the hospital, if birth has taken place in hospitals hence was appointed an officer for doing birth/death registration process without any delay. Our fees are based on the amount of time our officer spends for the registration of birth or death. Hence, the hospital charge Rs.200/- from complainant for registration of birth of their child. There are no restrictions provided by the Act on charging fees for the service provided to customer for registration of birth. From the above mentioned facts, the complaint has to be dismissed.
Complainant filed chief affidavit. Opposite party also filed chief affidavit Ext. A1 to A3 was marked from the side of the complainant. Evidence was closed and matter was heard.
Issues
1.Whether there is any deficiency of service from the part of opposite party ?
2.If so what are the relief and cost?
We have perused the affidavit and Ext. produced before the forum. It is evident from Ext.A1 that the opposite party hospital has collected Rs. 200/- for birth registration from the complainant. As per Ext.A2 Govt. had issued notification to the effect that the local Government’s would run the kiosk by outsourcing them to Kudumbasree IT units. As per the above order collection of service charge @ Rs.15/- on delivery of section 12 certificates which was made applicable to all hospital kiosk including Municippalities and Gramma Panchayaths and exempted still births, infant deaths, SC/ST/BPL card holders, RCC, TB Sanitorioum and similar institutions. In view of the above notification the opposite party has no authority to collect Rs.200/- as fees for registration charges from the complainant. The opposite party has stated that they had appointed a staff with the system and online connection to do the registration process without delay. The original application filled up by the party concerned is to be delivered to the concerned registrar which required transportation expenses as well. Considering these aspect we direct the opposite party to collect only Rs.15/- towards service charges as per the stipulation stated in Ext. A2. The excess amount of Rs. 185/- collected from the complainant has to be refunded. The excess amount collected by the opposite party amounts to unfair trade parties from their part of the opposite party.
Hence we direct the opposite party to refund the excess amount of Rs.185/- (Rupees one eighty five only) collected from the complainant along with Rs. 500/- (Rupees Five hundred only) as compensation for the mental agony and time loss suffered by him. We also direct the opposite party to pay Rs. 300/- (Rupees Three hundred only) towards cost of this proceedings
The afore said amount shall be paid within one month from the date of receipts of this order failing which complainant will be entitled to realize interest at the rate of 9% p.a from the date of order till realization.
Pronounced in the open court on this the 29th day of June 2017.
Sd/-
Shiny.P.R.
President
Sd/-
Suma.K.P.
Member
Sd/-
V.P.Anantha Narayanan
Member
Appendix
Exhibits marked on the side of complainant
Ext.A1 – Hospital Bill dated. 09.11.2015
Ext.A2 – LSGD order no. G.O (MS) 262/2007/LSGD dated. 19.11.2007
Ext.A3 – LSGD order no. G.O (MS) 11/2008/LSGD dated. 10.01.2008
Witness examined on the side of complainant
Nil
Exhibits marked on the side of Opposite parties
Nil
Witness examined on the side of opposite party
Nil
Cost
Rs.300/- allowed as cost
