West Bengal

Kolkata-III(South)

CC/84/2015

BAKUL KANTI ROY - Complainant(s)

Versus

N.G.MEDICAL AND CALCUTTA HOPE INFERTILITY CLINIC - Opp.Party(s)

19 Aug 2016

ORDER

CONSUMER DISPUTE REDRESSAL FORUM
KOLKATA UNIT-III(South),West Bengal
18, Judges Court Road, Kolkata 700027
 
Complaint Case No. CC/84/2015
 
1. BAKUL KANTI ROY
Tegharia, Narendrapur Co-Operative Housing Society,P.O-R.K.Pally, Sonarpur.
...........Complainant(s)
Versus
1. N.G.MEDICAL AND CALCUTTA HOPE INFERTILITY CLINIC
123A,Rashbehari Avenue,Kolkata-700029
2. .
.
3. .
.
............Opp.Party(s)
 
BEFORE: 
 HON'BLE MR. Satish Kumar Verma PRESIDENT
 HON'BLE MRS. Balaka Chatterjee MEMBER
 
For the Complainant:
For the Opp. Party:
Dated : 19 Aug 2016
Final Order / Judgement

This is a complaint filed by one Sri Bakul Kanti Roy against N. G. Medicare & Calcutta Hope Infertility Clinic, Kolkata – 700 029, praying for a direction upon the OP to issue a rectified money receipt in place of the faulty one.

Facts, in brief, are that the Complainant visited the OP diagnostic cetnre for the purpose of doing his blood test for Glucose F and PP, where one female technician took blood from his body.  It is alleged by the Complainant that as soon as the lady concerned pushed the needle into the vain, blood came out and the place swelled like a balloon and he felt severe pain.  Although some massages were done, it did not give him any relief.  In fact, even after more than three days the injected place remained badly disturbed in spite of application of ice and cold water etc. in the affected place.  It is stated by the Complainant that a written complaint was lodged by him with the OP, but the latter did not bother to respond to it , let alone render any medical assistance to him. It is also alleged that the OP issued him a faulty receipt – as against payment of Rs. 1,615.00, the OP allegedly issued a money receipt worth Rs. 785.00.  Thus, the Complainant got reimbursement of only Rs. 785.00, causing a financial loss of Rs. 830.00 to him.  Hence, the case.

OP, on notice, appeared to contest the case by filing WV, whereof itdenied all the allegations of the complaint.  It is denied by the OP that the Complainant felt any inconvenience at the time of taking blood, as alleged.  It is stated by the OP that the Complainant visited its clinic on 17-05-2015 for UGI Endoscopy which costs Rs. 1,615/-, including doctor, procedure charge Rs. 830.00 and doctor & other Rs. 785.00.  It is stated by the OP that it issued two money receipts against receipt of requisite charge from the Complainant.  So, it prayed for dismissal of the case.

Decision with reasons

Complainant filed Affidavit-in-Chief, to which questionnaire was filed from the side of the OP.  Thereafter, Complainant filed reply thereof under affidavit.  OP also filed evidence against which Complainant put forth some questionnaire.  However, OP did not file any reply against such questionnaire. 

Main point for determination is whether the Complainant is entitled to the relief sought for by him.

The controversy surrounds over alleged non-issue of requisite money receipt by the OP.  From the photocopy of Invoice-cum-Receipt dated 17-05-2015, it appears that OP charged a net amount of Rs. 785.00 (after providing a discount of Rs. 35.00) for U.G.I. Endo (with film) and Urease tests.  On the bottom of the said computer generated receipt, there is a hand-written endorsement “P.C. Extra 830/- paid”.

Vide its WV, OP has claimed that it issued two money receipts.  However, most surprisingly, it has neither mentioned the serial no. of the other invoice, nor provided any copy thereof to substantiate its claim.  Further, it has also maintained studied silence as regards the hand written endorsement on the body of Invoice No. E-4269 dated 17-05-2015. 

Thus, we find no reason to accept the defense advanced from the side of the OP and hold the OP liable either to issue a separate money receipt for an amount of Rs. 830.00 or issue a fresh money receipt clubbing together all the charges paid by the Complainant under different heads.

Hence,

O R D E R E D

That CC/84/2015 be and the same is allowed on contest against the OP.  OP is directed to issue requisite receipt(s) as stated herein above within one month of this order.

 
 
[HON'BLE MR. Satish Kumar Verma]
PRESIDENT
 
[HON'BLE MRS. Balaka Chatterjee]
MEMBER

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