BEFORE THE DISTRICT CONSUMER DISPUTES

REDRESSAL FORUM, JALANDHAR.

Complaint No.17 of 2015

Date of Instt. 16.01.2015

Date of Decision :06.08.2015

Mandeep Singh R/o EG 982, Prem Nagar, Near S.D.College, Jalandhar.

..........Complainant Versus

Patel Hospital Jalandhar through its M.D.

.........Opposite party

Complaint Under the Consumer Protection Act.

Before: S. Jaspal Singh Bhatia (President)

Ms. Jyotsna Thatai (Member)

Sh.Parminder Sharma (Member)

Present: Sh.Rajesh Khanna Adv., counsel for complainant.

Sh.Vikas Gupta Adv., counsel for opposite party.

Order

J.S.Bhatia (President)

1. The complainant has filed the present complaint under the Consumer Protection Act, against the opposite party on the averments that on account of his ill health the complainant approached the opposite party for treatment and after check up the opposite party detected the disease of Cancer on the body of the complainant and as per his advise the complainant started taking treatment from the opposite party hospital and the opposite party charged heavy amount from him from time to time. As per the government rules the society set up by the government under the name and style of Chief Minister Punjab Cancer Relief Fund Society (Cancer Control Cell) used to disburse the treatment amount to cancer patient as per the estimate sent by opposite party. Vide letter dated 19.3.2013 (15.3.2013) the said department/government released Rs.29,07,500/- to the opposite party for handing over the same to the cancer patients including that of the complainant. It is pertinent to mention that the said amount was released for 23 cancer patients and the amount in the name of the complainant was Rs.1,50,000/-. On getting intimation in this regard when the complainant visited the opposite party for getting his amount Rs.1,50,000/- released by the government in his name the opposite party flatly refused to release Rs.1,50,000/- and further told that the complainant will get only Rs.30,000/- without any reason. The opposite party has been with holding the legal amount of the complainant which is his trust property lying with the opposite party. On such like averments, the complainant has prayed for directing the opposite party to release him the above said amount alongwith interest.

2. Upon notice, opposite party appeared and filed a written reply pleading that the complainant was sanctioned a sum of Rs.1,50,000/- for the treatment of cancer by the Chief Minister of Punjab Cancer Relief Fund Society vide sanction letter dated 15.3.2013. It is submitted, as per the scheme floated by the State of Punjab, only the sanction is provided to the concerned hospital for providing the treatment to the patients. It is submitted that as per the scheme sanctioned amount is paid by the State of Punjab to concerned hospital on submission of the bills, showing the proof of treatment provided to the beneficiary and there is no provision for the cash transfer and cash payment to the patient by the hospital. Hence the claim of the complainant regarding the demand of Rs.1,50,000/- from the opposite party is not maintainable and is liable to be dismissed with heavy cost. So it is not possible for the opposite party to pay a sum of Rs.1,50,000/- sanctioned by State of Punjab to the complainant. It is absolutely wrong that the answering opposite party has ever offered to pay a sum of Rs.30,000/- to the complainant.

3. In support of his complaint, learned counsel for the complainant has tendered into evidence affidavit Ex.CA alongwith copies of documents Ex.C1 to Ex.C3 and closed evidence.

4. On the other hand, learned counsel for the opposite party has tendered affidavit Ex.OP/A alongwith copies of documents Ex.OP/1 and Ex.OP/2 and closed evidence.

5. We have carefully gone through the record and also heard the learned counsel for the parties.

6. The complainant who was suffering from Cancer approached the opposite party hospital and obtained treatment and made payment from time to time. This fact is not disputed. The opposite party hospital is approved for treatment for cancer patient under Chief Minister Punjab Cancer Relief Fund. This fact is evident from the memorandum of understanding Ex.OP1 produced by the opposite party hospital. The opposite party hospital was directed to produce the medical bills regarding the treatment of the complainant and same were produced by the opposite party and same are taken on record. It is also not disputed that the opposite party received a sanction for a sum of Rs.29,07,500/- for treatment of cancer patients including the complainant. This fact is evident from the sanction letter dated 15.3.2013 Ex.C17. The name of the complainant is mentioned at serial No.17 of the list and the sum sanctioned was Rs.1,50,000/-. The date of sanction is mentioned as 21.11.2012. Counsel for the opposite party contended that the complainant never disclosed that he was to get treatment under the above said scheme of Punjab Government i.e Chief Minister Punjab Cancer Relief Fund. He further contended that since the complainant obtained treatment as general patient and as such payment was received from him from time to time. He further contended that under the above said scheme only sanction is provided to the hospital for providing treatment to the patient and amount is paid by State Government to the hospital on submission of the bills, showing the proof of treatment provided to the beneficiary i.e patient and there is no provision of cash transfer or cash payment to the patient and as such opposite party hospital is not in a position to pay Rs.1,50,000/- to the complainant. On the other hand, it has been contended by learned counsel for the complainant that opposite party hospital was apprised that patient wants to get treatment under the above said scheme of the State Government. We have carefully considered the contentions advanced by learned counsels for both the parties. Memorandum of understanding executed between the State Government and the opposite party hospital Ex.OP1, inter-alia, provide as under:-

Utilization of funds under Mukh Mantri Punjab Cancer Raahat Kosh Society will be under taken as per following conditions:-

1. The funds will be used for treatment of cancer patients residing in Punjab State only.

2. The patients of cancer will apply on a prescribed performa to concerned civil surgeon.

3. The accredited hospital will provide the detailed estimate of treatment to the patients on a prescribed performa.

4. After approval of estimated cost at PGI rates by the district committee the case will be sent to higher authorities for final approval.

5. Sanction of the approved estimated cost will be issued to the accredited hospital by Mukh Mantri Punjab Cancer Raahat Kosh Society.

6. The funds will be used only for the purchase of medicine, lab, investigations, radiological, investigations chemotherapy, radiotherapy, surgery, palliative treatment as per PGI rates (whether available in house or out sourced) and not for registration fee & other charges.

7. If initial cost of treatment is less than 1.5 Lac, in case of recurrence amount upto 1.5 Lac may be allowed.

8. The maximum permissible (one time) amount to be paid to the concerned hospital is Rs.1.50 Lac for each cancer patient.

9. Most of the patients on oral chemotherapy and radiotherapy are treated as OPD patient so admission will not be compulsory for all patients.

10. Reimbursement of chemotherapy medicine on concessional/cheap rates available in market.

11. The treatment will be started after receiving the sanction from Mukh Mantri Punjab Cancer Rahhat Kosh office by email/letter". - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -

7. So from the memorandum of understanding Ex.OP1 it is evident that accredited hospital will provide the detailed estimate of treatment to the patient on a prescribed performa and after approval of estimated cost at PGI rates by the district committee the case will be sent to higher authorities for final approval and sanction of the approved estimated cost will be issued to the accredited hospital by Mukh Mantri Punjab Cancer Raahat Kosh Society. So from this clause contained in the memorandum of understanding it is evident that the opposite party hospital must have provided the estimate of treatment to the complainant on prescribed performa which clearly suggest that the complainant had disclosed to the hospital about taking the treatment under the above said scheme. From the sanction letter Ex.C17 it is evident that amount was sanctioned on 21.11.2012, although letter is dated 15.3.2013. This date is mentioned in the column of sanction of date against the name of the complainant. So it means that case of the complainant was sent to the State Government under the above said scheme much prior to 21.11.2012 when amount was sanctioned. It must have taken considerable time for sanctioning the amount by the State Government under the above said scheme. From the perusal of the medical bills submitted by the opposite party hospital at the directions of this Forum, it is evident that the opposite party received the amount from the complainant even after 21.11.2012 and further even after sanction letter dated 15.3.2013. None of the bill produced by the opposite party hospital is before the date of 21.11.2012. Even some of the bills are after the date of sanction letter i.e 15.3.2013. The opposite party hospital even received payment from the complainant in the year 2014 also. In our opinion, the opposite party wrongly received the payment to the extent of Rs.1,50,000/- from the complainant as the said amount has been sanctioned by State Government under the above said scheme vide sanction letter dated 15.3.2013 Ex.C17. It may be mentioned here again that the amount was sanctioned on 21.11.2012, it constitute unfair trade practice and further deficiency in service on part of the opposite party hospital. The opposite party hospital should have submitted the bills under the said scheme to the State Government and should have received the amount from the State Government under the said scheme.

8. In view of above discussion, the present complaint is accepted and opposite party hospital is directed to pay Rs.1,50,000/- alongwith Rs.10,000/- as compensation to the complainant within one month from the date of receipt of copy of this order. If the above said amount is not given within the period of aforesaid one month then opposite party shall be liable to pay interest @ 9% per annum after the expiry of said period of one month till the date of payment. In case the opposite party has not received the amount from the State Government under the above said scheme, it may claim the same from the State Government. The complainant is also awarded Rs.3000/- on account of litigation expenses. Copies of the order be sent to the parties free of costs under rules. File be consigned to the record room.

Dated Parminder Sharma Jyotsna Thatai Jaspal Singh Bhatia

06.08.2015 Member Member President