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Ram Rattan filed a consumer case on 13 Oct 2017 against Medical Superintendent Sri Balaji Action Medical Institute in the West Delhi Consumer Court. The case no is CC/10/624 and the judgment uploaded on 14 Oct 2017.
GOVERNMENT OF NCT OF DELHI
150-151 Community Centre, C-Block, Janak Puri, New Delhi – 110058
Date of institution: 18.08.2010
Complaint Case. No.624/10 Date of order: 13.10.2017
IN MATTER OF
Ram Rattan R/o H.No. 25/547, Near Railway Fatak Ashok Nagar, Barahi Road, Bahadurgarh, Distt. Jhajjar, Haryana-124507
Complainant
VERSUS
Medical Superintendent Sri Balaji Action Medical Institute FC-34, A-4, Paschim Vihar New Delhi -110063.
Opposite party
ORDER
R.S. BAGRI,PRESIDENT
Brief facts of the complaint as stated are that Sh. Ram Rattan complainant is CGHS beneficiary under Pensioners Scheme of Govt. of India. The complainant vide letter no. 1213/2009/DBD/DEL/ dated 02.01.2010 took permission from the competent authority for treatment –“ Surgery For Bilateral Renal Stone” of his wife Smt. Krishna Devi in hospital of the opposite party.
That the complainant on 06.01.2010 admitted Smt. Krishna Devi in hospital of the opposite party . She was operated right side renal stone on 06.01.2010 and discharged on 09.01.2010 with follow up instructions of –“ Review with Dr. Pawan Mehta after two weeks for readmission for DJ stent Removal and other side PCNL” and treatment. She was admitted on 01.02.2010 in hospital of the opposite party for remaining surgery DJ Stent Removal and other side PCNL and treatment. She was taken to operation theater at 12.30 P.M. on 01.02.2010. The complainant was asked to contact penal section of hospital of the opposite party immediately . He contacted penal section of the hospital . He was asked either to deposit Rs. 15,000/- at cash counter or take back patient from operation theater by penal section of hospital of the opposite party. The complainant told penal section of hospital of the opposite party that he is a pensioner and CGHS beneficiary as well as the patient has been admitted with prior permission of the
CGHS Delhi. He told that he was not asked to deposit Rs. 15,000/- at the time of re-admission and discharge of patient on 09.01.2010. Therefore, he has not brought the requisite amount .
That the penal section of the opposite party did not pay head to request of the complainant and the patient was discharged without operation. They instructed the complainant to bring fresh permission for treatment from the CGHS despite the fact permission dated 02.01.2010 was valid for three months . The complainant contacted the CGHS for fresh permission. They told that the permission was valid for three months and no fresh permission was required . The opposite party raised bill no. 15655 dated 09.01.2010 for Rs. 49,700/- towards PCNL Bilteral Charges for Rs. 24, 300/- from the CGHS despite the fact the second part of the surgery had remained un-operated.
That the opposite party raised demand of Rs. 49,700/- from the CGHS through final bill towards entire surgery and treatment despite the fact second part of surgery was not performed. They also demanded Rs. 15,000/- from the complainant at crucial time when the patient was in operation theater . Hence the act of the opposite party for demand of Rs. 15,000/- and directions to the complainant to take fresh permission from CGHS are mala-fide. Therefore, there is unfair trade practice and deficiency in service on the part of the opposite party. Hence the present complaint for directions to the opposite party to pay
Rs. 10,00,000/- on account of damages suffered by the complainant and his wife for irreparable injury, mental agony, torture , harassment and deficiency in service on the part of the opposite party.
After notice the opposite party appeared and filed reply contesting the complaint and raising preliminary objections of maintainability of the complaint , non joinder of necessary parties, the allegations made in complaint are misconceived, baseless, concocted, false, frivolous, vexatious, concealment of true and material facts and prayed for dismissal of the complaint.
On merits the opposite party admitted that the complainant is CGHS beneficiary. He took permission from the competent authority for treatment of Surgery For Bilateral Renal Stone of his wife vide letter No. 1213/2009/DBD/DEL/ dated 02.01.2010 Smt. Krishna Devi wife of complainant was operated on 06.01.2010 for right side renal stone and discharged on 09.01.2010. She was instructed to visit hospital of the opposite party after two weeks for remaining surgery DJ Stent Removal and Otherside PCNL. She was admitted on 01.02.2010 for remaining surgery DJ Stent Removal and Otherside PCNL. But attitude and behavior of the complainant was not good. He failed to satisfy penal section of the opposite party about validity of approval and produce fresh permission for remaining surgery DJ Stent Removal and Otherside PCNL. Therefore, the patient was discharged with instructions to the complainant to produce fresh permission from the CGHS . There is no unfair trade practice and deficiency in service on the part of the opposite party and prayed for dismissal for of the complaint.
The complainant filed rejoinder to the reply of the opposite parties while controverting stand of the opposite parties and reiterating his stand. He once again prayed for directions to the opposite party.
When Sh. Ram Rattan complainant was asked to lead evidence by way of affidavit, he filed affidavit narrating facts of the complaint. He also relied upon Annexure-I discharge summary dated 09.01.2010, Annexure-II discharge summary dated 01.02.2010, Annexure –III letter dated 27.02.2010 , Annexure- IV letter dated 09.02.2010, Annexure-V letter dated 13.05.2010 reply of RTI Application dated 26.04.2010, Annexure-VI notes and orders of CGHS, Annexure-VII show cause notice dated 16.02.2010, Annexure-VIII letter No. SBAMI:MD:CGHS:SCNKC:1475 dated 09.01.2010, Annexure-IX letter no. 1213/2009/DBD/DEL/ dated 02.01.2010, Annexure- X bill dated 09.01.2010, Annexure-XI Advance receipt dated 01.02.2010 and Annexure-XII bill dated 01.02.2010.
When the opposite party was asked to lead evidence by way of affidavit , he tendered in evidence affidavit of Sh. K.N. Gulati General Manager ( Admn.) narrating the facts of the reply. The opposite party also relied upon Annexure R-I Patient registration form, request for admission , admission form, undertaking
from penal patients in lieu of authority letter, index card of CGHS, Consent dated 01.02.2010, anesthesia consent, discharge summary dated 01.02.2010 and nurses sheets.
Both the parties also filed written arguments in support of their respective version and claim.
We have heard the complaint in person and Sh. R. P. Pahwa advocate for the opposite party and gone through the material available on record carefully and thoroughly .
From pleadings of the parties, affidavits submitted by the parties, documents placed on record by the parties and arguments advanced by the complainant as well as learned counsel for the opposite parties it is common case of the parties that the complainant is CGHS beneficiary under pensioner scheme of Government of India. He took permission for treatment “Surgery For Bilateral Renal Stone” of his wife Smt. Krishna Devi vide letter no. 1213/2009/DBD/DEL/ dated 02.01.2010 from competent authority. She was admitted on 06.01.2010 in hospital of the opposite party for surgery right side renal stone. She was operated on 06.01.2010 and discharged on 09.01.2010 with follow up instructions of review with Dr. Pawan Mehta after two weeks for readmission for DJ Stent Removal And Otherside PCNL. On 01.02.2010 she was admitted in hospital of the opposite party for remaining surgery DJ Stent Removal And Otherside PCNL. The opposite party asked the complainant to deposit Rs. 15,000/- or take fresh permission from CGHS and discharged the patient.
The case of the complainant is that he took permission for treatment – “ Surgery For Bilateral Renal Stone” of his wife Smt. Krishna Devi vide letter no. 1213/2009/DBD/DEL/ dated 02.01.2010 valid for three months. She was operated on 06.01.2010 for right side renal stone. She was discharged on 09.01.2010 with follow up instructions of review with Dr. Pawan Mehta after two weeks for readmission for DJ Stent Removal And Otherside PCNL. She was readmitted on 01.02.2010 , therefore, fresh permission was not required from the CGHS.
Whereas the case of the opposite party is that complainant failed to satisfy penal section of the opposite party that fresh permission was not required and failed to produce fresh permission. Therefore, she was discharged.
Before proceeding further it is worthwhile to reproduce relevant part of letter No. 1213/2009/DBD/DEL/ dated 02.01.2010 which runs as under:-
“Smt. Krishna Devi is permitted to undergo the following treatment /investigations procedure at your hospital/diagnostic center:
L/T Surgery for Renal Stone
Necessary facilities as approved above may please be provided as per the terms of Agreement signed with Director, CGHS and guidelines issued in O.N
No. REC.I-2004/JD(Gr.)CGHS/Delhi/CGHS(E). dated 07.12.2006.
The Permission is Valid for 3 months from the date of issue.”
From bare reading of the complaint, documents placed on record and letter
No. 1213/2009/DBD/DEL/ dated 02.01.2010 it is crystal clear that permission for operation of Smt. Krishna Devi was valid for three months from 02.01.2010. She was operated on 06.01. 2010 . She was discharged on 09.01.2010 with follow up instructions of review with Dr. Pawan Mehta after two weeks for readmission for DJ Stent Removal And Otherside PCNL. She was readmitted on 01.02.2010 but hospital of the opposite party refused to operate her for DJ Stent Removal And Otherside PCNL and treatment. They discharged her with Direction to the complainant either to deposit Rs. 15,000/- cost of operation or bring fresh permission from the CGHS despite the fact that she was admitted within three months from date of permission. Therefore , demand of Rs. 15,000/- by the opposite party for operation of wife of complainant and in alternative to produce fresh permission from the CGHS is wrong, illegal and unjust. Therefore, there is unfair trade practice and deficiency in service on the part of the opposite party. The complainant and his wife Smt. Krishna Devi have suffered irreparable injury, mental agony, torture , harassment and irreparable injury on account of unfair trade practice and deficiency in service on the part of the opposite party
Therefore, we direct the opposite party to pay a sum of Rs. 50,000/- as compensation with interest @ 9% from the date of filing the present complaint till actual realization on account of unfair trade practice and deficiency in service on the part of the opposite party.
onHoH
Order pronounced on : 13.10.2017
(PUNEET LAMBA) ( R.S. BAGRI )
MEMBER PRESIDENT
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