Date of Filing : 05.08.2021
Date of Disposal : 31.10.2022
DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION
THIRUVALLUR
BEFORE TMT. Dr.S.M. LATHA MAHESWARI, M.A.,M.L, Ph.D (Law) .…. PRESIDENT
THIRU.P.MURUGAN, M.COM.,ICWA (Inter),B.L., ......MEMBER-II
CC. No.37/2021
THIS MONDAY, THE 31ST DAY OF OCTOBER 2022
Mr.K.Anandakumar, S/o.Mr.Kannappa Das,
No.39, Annai Therasa Street,
Behind ESI, Avadi, Chennai 600 109. ……Complainant.
//Vs//
MED GOLD Hospital,
Rep. by its Medical Superintendent,
No.26, Cholambedu Main Road,
Thirumullaivoil, Chennai – 600 062. …..opposite party.
Counsel for the complainant : M/s.Chennai Law Firm.
Counsel for the opposite party : exparte
This complaint is coming before us on various dates and finally on 18.10.2022 in the presence of M/s.Chennai Law Firm counsel for the complainant and the opposite party was set exparte for non appearance and upon perusing the documents and evidences of the complainant this Commission delivered the following:
ORDER
PRONOUNCED BY TMT. S.M. LATHA MAHESWARI, PRESIDENT
This complaint has been filed by the complainant u/s 35 of the Consumer Protection Act, 2019 alleging deficiency in service against the opposite party for collecting an exorbitant amount against the G.O.Ms.No.240 dated 05.06.2020 and G.O.Ms.No.251 dated 22.05.2021 along with a prayer to refund a sum of Rs.63,000/- charged over the permitted charges as per the Government Order and to pay a sum of Rs.5,00,000/- towards compensation for the mental agony and hardship caused to the complainant and to pay a sum of Rs.20,000/- towards cost of the proceedings to the complainant.
Summary of facts culminating into complaint:-
It was submitted that the complainant was admitted in the hospital of the opposite party on 13.05.2021 and was discharged on 16.05.2021 for Covid-19 and had paid treatment charges as demanded by the opposite party. The opposite party had admitted the complainant in a hall separated by curtains with other patients in other beds and was not admitted in ICU and was not on oxygen or ventilator support and was discharged on 16.05.2021 after only conservative management. But the opposite party had charged an exorbitant amount of Rs.86,857/- for hospitalization of 3 three days and collected Rs.78,000/- after allowing a discount of Rs.8857/-. It was further submitted that the Government of Tamil Nadu vide its G.O.Ms.No.240 dated 05.06.2020 had fixed the treatment rate for non critical Covid-19 patients as Rs.5,000/- per day and further the Government of Tamil Nadu by its G.O.Ms.No.251 dated 22.05.2021 had reiterated the same treatment rate for non critical Covid-19 patients as Rs.5,000/- per day. Thus aggrieved by the act of the opposite party the present complaint was filed for the following reliefs as mentioned below;
To refund a sum of Rs.63,000/- charged over the permitted charges as per the Government Order;
To pay a sum of Rs.5,00,000/- towards compensation for the mental agony and hardship caused to the complainant;
To pay a sum of Rs.20,000/- towards cost of the proceedings to the complainant.
On the side of complainant proof affidavit was filed and submitted documents marked as Ex.A1 to A12. Though Vakalath was filed by the opposite party they did not file any written version inspite of sufficient opportunities given and hence they were called absent and set ex-parte on 30.05.2022 for non appearance and for non filing of written version within the mandatory period as per the statute.
Points for consideration:
Whether the Hospital/opposite party had committed deficiency in service in violating the Government Order issued by the Government of Tamil Nadu in G.O.Ms.No.240 dated 05.06.2020 and G.O.Ms.No.251 dated 22.05.2021 by charging an exorbitant amount against the permitted rate fixed for treating COVID-19 patients in treating complainant thereby committing deficiency in service?
If so to what reliefs the complainant is entitled?
Point:1
The following documents were filed on the side of complainant in support of his contentions;
Receipt for Rs.25,000/- dated 13.05.2021 was marked as Ex.A1;
RT-PCR test report dated 13.05.2021 was marked as Ex.A2;
CT chest Report dated 13.05.2021 was marked as Ex.A3;
Receipt for Rs.25,000/- dated 14.05.2021 was marked as Ex.A4;
Blood test results dated 14.05.2021 was marked as Ex.A5;
Discharge summary of the complainant dated was marked as Ex.A6;
Bill issued by the opposite party in the name of complainant dated 16.05.2021 was marked as Ex.A7;
Receipt for Rs.28,000/- dated 16.05.2021 was marked as Ex.A8;
Legal notice issued by the complainant to the opposite party dated 30.05.2021 was marked as Ex.A9;
Reply notice given by the opposite party dated 09.06.2021 was marked as Ex.A10;
Copy of G.O.Ms.No.240 dated 05.06.2020 was marked as Ex.A11;
Copy of G.O.Ms.No.251 dated 22.05.2021was marked as Ex.A12;
We heard the oral arguments of the complainant and perused the material evidences produced by him. The crux of the complainant case is that he has been over charged by the opposite party when he was admitted for 4 days for COVID-19 treatment in non critical condition. It is his case that the opposite party in accordance with the G.O.Ms.No.240 dated 05.06.2020 and G.O.Ms.No.251 dated 22.05.2021ought to have charged only Rs.5,000/- per day from him and totally Rs.20,000/-. However they have charged Rs.86,857/- out of which Rs.8857/- was given concession. He also submitted that he was not treated as an ICU patient but given a bed with other patients in common ward and hence being a non critical patient he cannot be charged beyond the prescribed rate fixed by the Government and thus he sought for the extra amount paid by him.
The records were perused and we find that three receipts were issued by the opposite party dated 13.05.2021, 14.05.2021 and 16.05.2021 for a sum of Rs.25,000/-, 25,000/- and 28,000/- respectively. Thus it is seen that the complainant had paid around Rs.78,000/- totally. The RT-PCR test report was filed as Ex.A4 which shows that he had only severity score of 6/25 i.e. mild infection. Further the Discharge Summary was also produced by him to show that he was treated for COVID-19 and discharged on 16.05.2021. The G.O.Ms.No.240 dated 05.06.2020 and G.O.Ms.No.251 dated 22.05.2021 was produced by the complainant vide Ex.A11 and Ex.A12 and accordingly for treating the non critical COVID-19 treatment per day by all hospital the rate was fixed at only Rs.5,000/- per day as per both Government Orders. Hence we are confirmity with the allegations raised by the complainant that he was charged beyond the permitted treatment rate fixed by the Government for treating non critical COVID-19 patients. In the facts and circumstances, we are of the view that the same amounted to clear deficiency in service on the part of the opposite party. Thus we answer the point accordingly in favour of the complainant and as against the opposite party.
Point No.2:
As we have held above that the opposite party had committed deficiency in service in charging an extra amount we hold that the complainant is entitled for the refund of the extra amount paid by him. As per the available receipts it is seen that the complainant had paid around 78,000/- wherein the hospital as per G.O.Ms.No.240 dated 05.06.2020 and G.O.Ms.No.251 dated 22.05.2021 had permitted only Rs.5,000/- per day and totally Rs.20,000/- for 4 days. In such circumstances the complainant is entitled for refund a sum of Rs.58,000/- and for the mental agony and hardship caused to the complainant the opposite party was also liable to pay compensation and we fix a sum of Rs.10,000/- to be paid to the complainant by the opposite party. Cost of Rs.5,000/- is awarded towards litigation expenses to the complainant.
In the result, the complaint is partly allowed against the opposite party directing him
a) to refund a sum of Rs.58,000/- (Rupees fifty eight thousand only) the amount charged in excess to the complainant within six weeks from the date of receipt of copy of this order;
b) to pay a sum of Rs.10,000/- (Rupees ten thousand only) towards compensation for the mental agony caused to the complainant;
c) to pay a sum of Rs.5,000/- (Rupees five thousand only) towards litigation expenses to the complainant;
d) Amount in clause (a) if not paid within six weeks from the date of receipt of copy of this order, interest at the rate of 6% will be levied on the said amount from date of complaint till realization.
Dictated by the President to the steno-typist, transcribed and computerized by him, corrected by the President and pronounced by us in the open Commission on this the 31st day of October 2022.
-Sd- -Sd-
MEMBER-II PRESIDENT
List of document filed by the complainant:-
Ex.A1 13.05.2021 Receipt for Rs.25,000/- Xerox
Ex.A2 13.05.2021 RT-PCR test report. Xerox
Ex.A3 13.05.2021 CT Chest Report. Xerox
Ex.A4 14.05.2021 Receipt for Rs.25,000/- Xerox
Ex.A5 14.05.2021 Blood test results. Xerox
Ex.A6 16.05.2021 Discharge summary of the complainant. Xerox
Ex.A7 16.05.2021 Bill issued by the oppoisite party in the name of complainant. Xerox
Ex.A8 16.05.2021 Receipt for Rs.28,000/- Xerox
Ex.A9 30.05.2021 Legal notice issued by the complainant to the opposite party. Xerox
Ex.A10 09.06.2021 Reply notice issued by the oppostie party to the complainant’s counsel. Xerox
Ex.A11 05.06.2020 Copy of G.O.Ms.No.240. Xerox
Ex.A12 22.05.2021 Copy of G.O.Ms.No.251. Xerox
List of documents filed by the opposite party:-
Nil
-Sd- -Sd-
MEMBER-II PRESIDENT
