Before the District Consumer Disputes Redressal Commission, Rohtak.
Complaint No. : 199.
Instituted on : 17.06.2020.
Decided on : 28.12.2020.
Hav. Satyavir Singh(Retd.) age 73 years, R/o Near Jogi Chopal, Hanuman Colony Rohtak-124001.
………..Complainant.
Vs.
- Through Officer Incharge Poly clinic ECHS, Tilak Nagar Rohtak(Hr.)
- Through officer Incharge Regional Centre ECHS Hisar Cantt..
- Through Managing director ECHS Maude Line, Delhi Cantt.-10.
……….Opposite parties.
COMPLAINT U/S 12 OF CONSUMER PROTECTION ACT,1986.
BEFORE: SH.NAGENDER SINGH KADIAN, PRESIDENT.
DR. RENU CHAUDHARY, MEMBER.
MS. TRIPTI PANNU, MEMBER.
Present: Complainant in person.
Sh. Rishi Raj Suhag, Head Clerk for opposite parties.
ORDER
NAGENDER SINGH KADIAN, PRESIDENT:
1. Brief facts of the case are that the complainant is a retired army person and the member of ECHS having registered with poly clinic ECHS Rohtak for treatment for self and his spouse with Registration No.0000449183. Smt. Lado wife of Sh. Satyavir Singh, all of sudden got serious and admitted in “Apex Plus Specialty hospital” at Rohtak on 15.09.2019 and after getting treatment, she was discharged on 18.09.2019. The hospital admission of Smt. Lado was informed to Poly clinic ECHS Rohtak as per ECHS Policies, the bills amounting to Rs.31480/- were submitted in original to opposite party No.1, which were charged by the hospital. Opposite party No.2 credited an amount of Rs.16067/- in his SBI account on dated 27.01.2020 against the claim of Rs.31480/-. On making enquiry of remaining amount of Rs.15413/-, no response was received from the opposite parties despite his repeated requests. Hence this complaint and it is prayed that opposite parties may kindly be directed to pay the balance amount of Rs.15413/-, Rs.5000/- on account of miscellaneous expenditure and also to provide claim documents to the complainant.
2. After registration of complaint, notice was issued to the opposite parties. Opposite parties in their reply has submitted that the bills submitted by the complainant were scrutinized at Regional centre ECHS Hisar and after thorough scrutinization of the bills, it was found that only Rs.16067/- are authorized to the individual as per CGHS rates.
3. Ld. counsel for the complainant in his evidence has tendered affidavits Ex.CW1/A, documents Ex.C1 to Ex.C12 and has closed his evidence on dated 02.09.2020. Ld. Counsel for opposite parties has tendered affidavit Ex.OP1/A and closed his evidence on dated 16.12.2020.
4. We have heard learned counsel for the parties and have gone through material aspects of the case very carefully.
5. After going through the file and hearing the parties it is observed that complainant had spent an amount of Rs.31480/- on the treatment of his wife and he filed the claim with the opposite party but the opposite party only allowed the claim of Rs.16067/- and had withheld the amount of Rs.15413/- on the ground that the bills submitted by the complainant were scrutinized at Regional centre ECHS Hisar and after thorough scrutinization of the bills, it was found that only Rs.16067/- are authorized to the individual as per CGHS rates. But to prove the same opposite party has not placed on record any document/CGHS rates. Hence the repudiation of remaining claim is illegal and amounts to deficiency in service. As such opposite party is liable to pay the remaining amount of Rs.15413/- to the complainant.
6. In view of the facts and circumstances of the case, we hereby allow the complaint and direct the opposite party to pay Rs.15413/-(Rupees fifteen thousand four hundred and thirteen only) alongwith interest @ 9% p.a. from the date of filing the present complaint i.e. 17.06.2020 till its realisation and shall also pay a sum of Rs.2000/-(Rupees two thousand only) as compensation on account of deficiency in service and Rs.2000/-(Rupees two thousand only) as litigation expenses to the complainant within one month from the date of decision.
7. Copy of this order be supplied to both the parties free of costs. File be consigned to the record room after due compliance.
Announced in open court:
28.12.2020.
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Nagender Singh Kadian, President
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Renu Chaudhary, Member.
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Tripti Pannu, Member