Judgment : Dt.12.12.2017

Shri S. K. Verma, President

            This is a complaint made by one Bakul Kanti Roy, son of late Bimala Charan Roy, residing at Tegharia, Narendrapur Co-operative Housing Society, P.O.-R.K.Pally, P.S.-Sonarpur, Kolkata-700 150 against N G. Medical and Calcutta Hope Infertility Clinic, 123A, Rash Behari Avenue, P.S.-Gariahat, Kolkata-700 029, OP No.1, Dr. Sanjay Bose, Regd. No.59318, WBMC, residing at P-9. NANADANA PARK, Kolkata-700 037, OP No.2 and Additional Director, Central Government Health Scheme, 6, Esplanade East, Ground floor, Kolkata-700 069,praying for a direction upon the O.P.No.1 to cancel and withdraw the money Receipt Dt.17.5.2015, alleged to have been issued by OP No.2 and direction upon the OP No.1 to refund the amount of Rs.830/- to the Complainant with interest @ 18% p.a. from 17.5.2015 till realization for referring the matter and the money receipt dt.17.5.2015 issued by OP No.2 and the bills dt.17.5.2015 to West Bengal Medical Council for proper investigation and take action against OP No.2 and after considering the above fact, cancel or resend the tie-up contract with OP No.1 and take proper action against dishonest activities by OP No.1 and further direction of Rs.4,00,000/- as compensation and litigation cost of Rs.50,000/-.

            Facts in brief are that Complainant was Central Government employee and now retired from service. He is entitled to the benefit of C.G.H.S. In the month of May, 2015, Complainant went to the Diagnostic Centre of OP No.1 for UGT test. The two tests were done on 17.5.2015 and Complainant was charged Rs.1,615/- against which OP No.1 issued a computerized bill for total amount of Rs.785/- and Rs.830/- as P.C. extra. The amount of Rs.830/- was not printed and it was hand written without being signed by the person who issued the bill. Complainant wanted the clarification but men of OP No.1 did not give any clarification. Complainant thereafter submitted medical reimbursement claim after complying all the formalities along with the copy of computerized and hand written money receipts dt.17.5.2015 before OP No.3. OP No.3 sent a cheque for Rs.785/- only which could not be encashed. Complainant claimed amount of Rs.1,615/- had not been accepted in full but in part for an amount of Rs.785/-. For this Complainant filed a case CC/84/2015. In that case the direction was given to OP No.1 to issue requisite receipts and OP No.1 issued receipt of a doctor. Complainant became surprised to know that he was rendered service of OP No.2. Since the grievances of the Complainant could not be resolved, he filed this complaint.

            OP No.3 filed written version and denied the allegations of the complaint. So, OP No.3 has prayed for dismissal of this complaint. OP No.1 has also contested the case by filing written version. This OP has stated that the complaint is barred by limitations. Further, it has stated that at the time of collection of blood for test, patient was very restless and pulled his hand several times but no problem occurred. Thereafter, patient came for UGI Endoscopy on 17.5.2015. Total Endoscopy charged was Rs.1,615/- including Doctor’s procedure charge of Rs.830/- and opposite party gave him two receipts, one of the centre and other by the concerned Doctor. Complainant had filed the case being No.CC/84/2015 in which this Forum made a direction to issue requisite receipts within one month. OP complied the order. Sole motive of this case is to extort money. So, this OP prayed for dismissal of the complaint.

            OP No.2 did not contest the case by filing written version and the case is heard ex-parte against OP No.2.

Decision with reasons

            Complainant filed a petition praying for treating the complaint petition as affidavit-in-chief. OP No.1 filed questionnaire to which Complainant filed affidavit-in-reply.  OP No.1 filed evidence to which Complainant filed questionnaire to which OP No.1 filed affidavit-in-reply.

            Main point for determination is whether Complainant is entitled to the reliefs as prayed for.

            In this regard, it is clear that OP No.2 did not contest the case and OP No.3 simply filed written version and thereafter left taking step. That means the allegations against OP No.2 and 3 remained unrebutted and unchallenged.

            First prayer of Complainant is a direction upon OP No.1 to cancel and withdraw the money receipt dt.17.5.2015 alleged to have been issued by OP No.2.

            On perusal of the judgment of CC/84/2015 passed by this Forum, it appears that this Forum directed OP N.G.Medical and Calcutta Hope Infertility Clinic, 123A, Rash Behari Avenue to issue requisite receipt. Surprisingly, this OP issued a receipt to the Complainant of one Sanjoy Basu, consultant, Gastroenterologist which is undated. This appears to be in flagrant violation of the order passed by this Forum on 19.8.2016. As such, the prayer of Complainant for withdrawing this money receipt is justified and OP No.1 and 2 are directed to treat this receipt as cancelled and withdrawn.

            Complainant has prayed for another direction upon the OP No.1 to refund Rs.830/- to the Complainant with interest @ 18%p.a.from 17.5.2015, till realization.

            In this regard, it is clear that OP No.1 got the receipt manufactured by OP No.2 and so OP No.2 is bound to refund Rs.830/- to the Complainant with 10% interest p.a. from 17.5.2015 till realization.

            Complainant has prayed for referring the matter and the money receipt issued by OP No.2 to the West Bengal Medical Council for investigation and take action against OP No.2. This prayer appears to be genuine in view of the fact that in connivance with OP No.1, he issued the receipt to the detriment of Complainant as well as public interest. Being a doctor, it was his pious obligation to enquire as to why he is being asked to issue the receipt and when the Forum has passed order upon OP No.1 to issue the receipt why he took burden to connive with OP No.1. This is a clear case of unfair trade practice both by OP No.1 and OP No.2 and the prayer to refer this matter to West Bengal Medical Council appears to be justified for investigation and action against both OP No.1 & 2 by not only West Bengal Medical Council but also Indian Medical Council also.

            Complainant has prayed for a direction upon OP No.3 to consider the facts involved in this case and cancel the tie up contract with OP No.1 and issuance of fresh cheque of Rs.785/-. Since the matter will go for investigation, the necessary action shall be taken up by the West Bengal State and Indian Medical Council. Further, it appears that the cheque which OP No.3 issued could not be realized by Complainant, it becomes bounden duty of OP No.3 to issue a fresh cheque in the name of Complainant of Rs.785/-.

            Complainant has prayed for compensation of Rs.4,00,000/- against OP No.1. It is clear from the materials on record that due to the act and conduct of OP No.1 Complainant suffered and was compelled to file two complaints and so OP No.1 is bound to compensate Complainant for his mental harassment and agony by paying Rs.1,00,000/- as compensation.

            Complainant has prayed for litigation cost of Rs.50,000/- from OP No.1. Considering the fact that Complainant was forced to file two complainants, it appears justified to direct to OP No.1 to pay litigation cost of Rs.30,000/-.

            In the circumstances above, it appears that this is a clear cut case where OP No.1 being a clinic is indulging in unfair trade practice as per C.P.Act and competent authorities are supposed/expected to take serious action against OP No.1 so that other persons may not be aggrieved in this manner.

Hence,

ordered

             CC/87/2017 and the same is allowed on contest againt OP No.1 and OP No.3 and ex-parte against OP No.2. OP No. 1 is directed to refund Rs.830/- to the Complainant with interest @ 10% p.a. from 17.5.2015 till realization within two months of this order. OP No.1 is further directed to pay Rs.1,00,000/- as compensation to Complainant and Rs.30,000/- as litigation cost within the above period, in default, the total amount of Rs.1,30,000/- shall carry interest @ 10% p.a. from the date of this order till realization. OP No.3 is directed to issue fresh cheque of Rs.785/- to the Complainant within this period. Let a copy of this judgment be sent to West Bengal Medical Council for information and necessary action against OP No.1.