DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION-II
Udyog Sadan, C-22 & 23, Qutub Institutional Area
(Behind Qutub Hotel), New Delhi- 110016
Case No.99/2021
Nidhi Sharma
D/o Shri Jaswant Lal Sharma
R/o E-196 Amar Colony,
Lajpat Nagar -4
New Delhi 110024
….Complainant
Versus
Moolchand Hospital
Through its
Director/Administrator
Lajpat Nagar-III
New Delhi-110003
….Opposite Party
Date of Institution : 05.03.2021
Date of Order : 26.11.2024
Coram:
Ms. Monika A Srivastava, President
Ms. Kiran Kaushal, Member
Present: Adv. Santosh Chaurihaa for complainant.
Adv. Shivam Tiwary for OP.
ORDER
President: Ms. Kiran Kaushal
1. Facts of the case as pleaded by the complainant are that the complainant for the purpose of pregnancy and delivery had approached Moolchand Hospital, hereinafter referred to as OP.
2. It is stated that complainant visited OP on 11.03.2020 where the doctor concerned checked her up and prescribed some medication . The doctor charged his consultancy fee of Rs.800/- and advised her for ultrasound. It is stated that the complainant was apprised that the delivery cost would be approximately Rs.60,000/- to Rs.70,000/-. OP advised the complainant to revisit after four weeks.
3. The complainant revisited OP and was again told that the cost of delivery shall be Rs.60,000/- to Rs.70,000/-. It is stated that complainant received an email from OP on 22.04.2020 for the birth packages. The complainant for the first time came to know that the package of OP had a difference of about Rs.25,000/- between normal and caesarean delivery . It is further stated that around the due date complainant again visited OP on 07.07.2020. The doctor concerned after seeing all the reports informed that everything is normal and asked the complainant to deposit Rs.20,000/- immediately. Since the complainant had financial concerns, she again asked about the total expense of delivery and the doctor for the first time told the complainant that cost would be Rs. 70,000/- to Rs.80,000/- in the case of the complainant.
4. It is stated that complainant was no in a position to bear the increase of even small amount of Rs.5,000/- as she has taken finances from all sources including her parents. It is further stated that when the complainant received the ultrasound report, it was clearly showing one loop around the neck of the baby which was not disclosed by anyone in the hospital. In such situation normal delivery was impossible.
5. On 09.07.2020 when the complainant reached the hospital of OP for admission complainant was asked to deposit an amount of Rs.,70,000/- whereas complainant had already made the initial deposit of Rs.20,000/-. It is stated that after the delivery OP again demanded Rs.10,000/- towards nursery charges. It is pertinent to mention that package of delivery included all expenses. It is further stated that despite various tests and clinical examination neither the doctor nor anyone from the hospital informed the correct situation to the complainant which amounts to deficiency in service.
6. It is further stated that despite knowing the clinical position of the complainant OP admitted the complainant for four days and the bill shot up to Rs.1,33,314/- which was beyond the capacity of the complainant. It is next stated that PPE kit and other charges for most of the items for which OP has charged are not applicable in the case of complainant as the same were not used.
7. Alleging deficiency of service and unfair trade practice complainant prays for direction to OP to pay sum of Rs.32,314/- @18% p.a, towards the extra amount charged and to pay compensation towards harassment and mental agony.
8. Despite due service as none appeared on behalf of OP, OP was proceeded exparte vide order dated 22.03.2022. Exparte evidence and written arguments have been filed on behalf of complainant. Submissions made are heard. Material placed on record is perused.
9. Complainant has filed an email dated 29.07.2020 from OP which is about the Fixed Price Birthing packages. As per the delivery package, charges for 3/4 bedder are Rs76,000/- plus baby package for Rs.25,000/- which amounts to total of Rs.1,01,000/- .
10. As per the Email the C-sec delivery package and baby package includes as under-
DELIVERY PACKAGE INCLUDES
Room charges for 3 days • Consultant visits: 3 • Dietician visit • Recovery room charges upto 6 hours • Obstetrician/ gynaecologist delivery charges • Pharmacy upto `12,000 • Monitoring charges • Admission and MRD charges • Anaesthesia charges • Ante/post natal physiotherapy • ARM charges and set • Continuous fetal monitoring for 1 day • Foley’s catheter removal • IV cannulation • IV infusion • Nursing care • OT charges • PC Enema
BABY PACKAGE INCLUDES
Crib charges for 2 days • NICU Level 1/Nursery charges for 1 day • Neonatologist visits: 3 • NICU team visits: 2 • New born baby care charges • Pharmacy upto `1,000 • Diagnostics: 5 conditions - Heel prick, ABO grouping, RH typing, OAE screening, G6PD, TC bilurubin and TSH • Admission and MRD charges • Birth certificate • Neonatal resuscitation charges • NG tube insertion • OPV and BCG immunization • Radiant warmer • Vaccination administration charges
11. From the Fixed Price C-sec delivery package and also the fact that the complainant remained admitted in the hospital for four days for delivery during the Covid period, complaint is not sustainable. Complainant has not filed any cogent evidence to prove the fact that she was made to overstay in the hospital . This commission is of the view that OP has charged the complainant as per the package rates and has charged for Covid test which was mandatory at that point of time. Hence OP is not found to be deficient in service or indulging in unfair trade practice.
12. A review was application filed on behalf of OP to review the order dated 08.10.2024 i.e the day the complaint was heard and reserved for orders. Vide a separate detailed order the application has been disposed of.
13. In light of the discussion above, the complaint is dismissed.
Parties be provided copy of the judgment as per rules. File be consigned to the record room. Order be uploaded on the website.
