Haryana

Karnal

CC/569/2022

Vinod Kumar - Complainant(s)

Versus

R.P. Welltar Hospital - Opp.Party(s)

Shadi Ram Chauhan

26 Sep 2024

ORDER

BEFORE THE DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION, KARNAL.

 

                                                        Complaint No.569 of 2022

                                                        Date of instt 11.10.2022

                                                        Date of Decision:26.09.2024

 

Vinod Kumar aged about 52 years son of Shri Roshan Lal, resident of Gali no.1, Vikas Colony, opposite Anmol Garden, Karnal.

 

                                                                        …….Complainant.

                                              Versus

 

1. R.P. Welltar Hospital, G.T. Road, near toll Plaza, V. Bastara Tehsil Gharaunda, District Karnal through its Chairman. Dr. Rajiv Singal, son of R.P. Singal.
2. Shri Bharat Singal son of R.P. Singal, Secretary of R.P. Welltar Hospital, G.T. Road, near Toll Plaza, village Bastara, tehsil Gharaunda, District Karnal.
3. Shri Gurmeet Singh son of Darshan Singh resident of house no.H-5, 1101, T.D.I. Kingsburry Flats, Kundli, Sonepat.
4. Raghu Raj Singh son of Madan Mohan Singh, resident of WZ-66-A, first floor, Mukherjee Park, New Delhi.
5. Shri Pritpal Singh son of Shri Sadha Singh, resident of house no.306, Sector-7, Urban Estate, Karnal. Now # 65L Model Town Karnal.

                                                                   …..Opposite Parties.

 

Complaint under Section 35 of Consumer Protection Act, 2019.

 

Before   Shri Jaswant Singh……President.

              Ms. Neeru Agarwal……Member

      Ms. Sarvjeet Kaur..…..Member

 

 Argued by: Shri  Shadi Ram Chauhan, counsel for the

complainant.

                   Shri Jitender Sharma, counsel for the OP no.1.

           OP no.2 (defence struck off, vide order Dt.09.06.2023.

OPs no.3 to 5 exparte, vide order Dt. 25.04.2023.

 

                     (Sarvjeet Kaur, Member)

ORDER:   

                

                The complainant has filed the present complaint under Section 35 of the Consumer Protection Act, 2019 against the opposite parties (hereinafter referred to as ‘OPs’) on the averments that complainant remained admitted in RPW Hospital, Bastara, G.T. Road, near Toll Plaza, tehsil Gharaunda, District Karnal from 17.05.2021 to 03.06.2021, vide UHID-27952. OPs no.1 and 2 are the owners of the said hospital and they gave the said hospital on lease to the OPs no.3 to 5 and they are looking after and managing the affairs of the said hospital. At the time of treatment of complainant in said hospital, OPs were looking after and managing the affairs of the hospital as per agreement dated 24.01.2018 which was renewed on 28.05.2020 for a period of 5 years i.e. 23.01.2025. The complainant submitted the medical bills of Rs.2,50,090/- issued by OPs for reimbursement of same in his office i.e. Civil Judge (Senior Division), Karnal. The officer of complainant vide letter no.1174 dated 16.08.2021 instructed the complainant to get a certificate from OPs to the effect that ‘whether no cheaper brand of same composition or molecule was available in the inventory/stock of hospital as per guidelines issued by the Government of Haryana, vide its letter no.2/56/2014-1HB-II dated 14.07.2020. Thereafter, complainant approached the OPs and submitted the original bills on the reception of the hospital for getting said certificate. The dealing person assured complainant that the required certificate and the original bills will be given to complainant within a period of one week but same was not issued by OPs to complainant due to which complainant could not get reimbursement of his medical bills. Complainant visited the office of OPs number of times but OPs started postponed the matter on one pretext or the other and lateron the said hospital was closed due to some dispute between the OPs and other concerned person. However, entire record of the hospital is in custody of OPs and as such they are liable to return the original bills and issue certificate mentioned above to complainant but OPs did not do so. Then complainant sent a legal notice dated 05.09.2022 to OPs but it also did not yield any result. Due to this act and conduct of OPs, complainant has suffered mental pain, agony and harassment as well as financial loss. In this way there is deficiency in service and unfair trade practice on the part of the OPs. Hence complainant filed the present complaint seeking direction to the OPs to handover the original bills and certificate mentioned above to the complainant or in the alternative to refund the sum of Rs.2,50,090/- alongwith interest @ 18% per annum from the date of payment till realization of the amount, to pay Rs.50000/- as damages for mental pain, agony and harassment and Rs.22000/- towards the litigation expenses.

2.             On notice, OP no.1 appeared and filed its written version raising preliminary objections with regard to maintainability and concealment of true and material facts. On merits, it is pleaded that it is an admitted fact that complainant was admitted in R.P.Welltar Hospital from 17.05.2021 to 03.06.2021. The OPs no.1 and 2 are not the owner of the hospital rather they were the authorized person on behalf of the R.P. Educational Trust and the hospital is owned by the R.P. Educational Trust further the OPs no.1 and 2 on behalf of R.P. Educational Trust entered into an agreement with OPs 3 to 5 for the management of the said hospital. It is denied that all the OPs were looking after and managing the affairs of the hospital rather as per clause 7 of Agreement dated 24.01.2018, which was renewed on 28.05.2020 only the OPs no.3 to 5 were incharge of management of the hospital at all. The Management of the hospital was in the hands of OPs no.3 to 5 and documents if any submitted to the staff of hospital are under the custody and knowledge of OPs no.3 to 5 whereas OPs no.1 and 2 have no knowledge and concern regarding the same. OP denied that the documents of complainant are with the OPs no.1 and 2 and complainant ever visited to OPs no.1 and 2. The hospital is closed since September, 2021 as dispute between R.P. Educational Trust and OPs no.3 to 5 arisen and the same is pending before learned Arbitrator appointment by the Hon’ble Punjab and Haryana High Court, Chandigarh. It is further pleaded that if complainant has suffered any financial loss then the same is due to the act and conduct of OPs no.3 to 5 as they were incharge of management of hospital and are liable to reimburse the financial loss suffered by the complainant. There is no deficiency in service and unfair trade practice on the part of the OP. The other allegations made in the complaint have been denied and prayed for dismissal of the complaint.

3.             Initially, OP no.2 appeared but did not file its written version after availing several opportunities including two last opportunities. Hence, the defence of the OP no.2 was struck off, vide order dated 09.06.2023 of the Commission.

4.             OPs no.3 to 5 did not appear despite service and opted to be proceeded against exparte, vide order dated 25.04.2023 of the Commission.

5.             Parties then led their respective evidence.

6.             Learned counsel for the complainant has tendered into evidence affidavit of complainant Ex.CW1/A, copy of medical bills and discharge summary Ex.C1, copy of investigation payment receipt Ex.C2 and Ex.C3, copy of GST invoice Ex.C4, copy of application moved by complainant in his office regarding reimbursement of medical bills Ex.C5, copy of letter dated 16.08.2021 through which the office of complainant directed him to enclose the details of high cost injections and doctor’s certificate in this regard that no cheaper brand of same composition or molecule was available in the inventory/stock of hospital as per guidelines issued by the Government of Haryana Ex.C6, copy of Essentiality Certificate Ex.C7, copy of legal notice Ex.C8, postal receipt Ex.C9, copy of Agreement Ex.C10, copy of Renewal of Agreement Ex.C11 and closed the evidence on 16.10.2023 by suffering separate statement.

7.             On the other hand, OP no.1 has tendered into evidence affidavit of Rajeev Singhal, owner of the hospital Ex.OP1/A and closed the evidence on 08.07.2024 by suffering separate statement.

8.             We have heard the learned for the parties and perused the case file carefully and also gone through the evidence led by the parties.

9.             Learned counsel for complainant, while reiterating the contents of the complaint, has vehemently argued that complainant serving as a Process Server in District Court, Karnal. Complainant remained admitted in R.P. Hospital, Bastara, Karnal from 17.05.2021 to 03.06.2021 due to Covid-19 and spent an amount of Rs.2,50,090/- on his treatment. The complainant submitted the medical bills of Rs.2,50,090/- for reimbursement in the office of Civil Judge, Sr. Division Karnal. The complainant received a letter from the office of Civil Judge (Senior Division) Karnal with the instruction get a certificate from OPs to the effect that “whether no cheaper brand of same composition or molecule was available in the inventory/stock of hospital as per guidelines issued by the Government of Haryana, vide its letter vide its letter no.2/56/2014-1HB-II dated 14.07.2020.” Thereafter, complainant submitted the original medical bills and requested the OPs to issue a certificate as per the guidelines of Government of Haryana but OP did not heard the request of complainant and lastly prayed for allowing the complaint.

10.           Per contra, learned counsel for the OP no.1, while reiterating the contents of written version, has vehemently argued that OPs no.1 and 2 are not the owners of the said hospital rather they were authorized person on behalf of R.P. Educational Trust. The said hospital was lease out to OPs no.3 to 5. Thus, OP no.3 to 5 are only liable to issue the certificate and prayed for dismissal of the complaint qua OP no.1.

11.           We have duly considered the rival contentions of the parties.

12.           Complainant has taken treatment from the OPs and spent an amount of Rs.2,50,090/- on his treatment. Complainant being a Government Employee submitted the medical bills for reimbursement in the office of Civil Judge (Senior Division), Karnal. Learned Civil Judge (Senior Division), Karnal vide its letter Ex.C6 dated 16.08.2021 directed the complainant to enclose the details of high cost injections and doctor’s certificate in this regard that no cheaper brand of same composition or molecule was available in the inventory/stock of the hospital as per guidelines issued by the Government of Haryana in its letter no.2/56/2014-1HB-II dated 14.07.2020.

13.           Thereafter, complainant approached the OPs and submitted the medical bills alongwith letter Ex.C6 and requested the OPs to issue the certificate as per the guidelines issued by the Government of Haryana in its letter no.2/56/2014-1HB-II dated 14.07.2020 but OPs did not hear the genuine request of the complainant.

14.           To rebut the version of the complainant, OPs no.3 to 5 did not appear and opted to be proceeded against exparte. OP no.1 also did not produce the cogent and convincing evidence and file only affidavit Rajeev Singhal, the authorized person of the hospital Ex.OP1/A and defence of OP no.2 was struck off, vide order dated 09.06.2023. Thus, the evidence produced by the complainant goes unchallenged and unrebutted and there is no reason to disbelieve the same. Thus, the act of the OPs amounts to deficiency in service and unfair trade practice.  

15.           Thus, as a sequel to abovesaid discussion, we allow the present complaint and direct the OPs to issue the certificate as per the guidelines issued by the Haryana Government, vide its letter no.2/56/2014-1HB-II dated 14.07.2020 and also return the original medical bills to the complainant, within 45 days. If the OPs failed to comply the order, in that eventuality, OPs are directed to pay Rs.2,50,090/- as spent by complainant on his treatment alongwith interest @ 9% per annum from the date of filing the complaint i.e.11.10.2022 till its realization to the complainant. We further direct the OPs to pay Rs. 25,000/- to the complainant on account of mental agony and harassment suffered by him and Rs.11,000/- for the litigation expenses. All the OPs are jointly and severally liable to comply the order. The parties concerned be communicated of the order accordingly and the file be consigned to the record room after due compliance.

Announced
Dated:26.09.2024

         President,

      District Consumer Disputes                           

      Redressal Commission, Karnal.

 

                   ( Neeru Agarwal)            (Sarvjeet Kaur)

                        Member                        Member