Delhi

East Delhi

CC/58/2015

R.P SINGH - Complainant(s)

Versus

SHARP SIGHT - Opp.Party(s)

24 Nov 2015

ORDER

                DISTRICT CONSUMER DISPUTE REDRESSAL FORUM-EAST, Govt of NCT Delhi

               CONVENIENT SHOPPING CENTRE, 1^st FLOOR, SAINI ENCLAVE, DELHI 110092                                                               

Consumer complaint no.- 58/2015                                                                                                 

In matter of—

Sh R P Singh, s/o-Lt Sh Jeevan Singh

R/o-B-265, Suraj Mal Vihar, Delhi…110051………………..………………………..…….Complainant

                                                                    Vs

Sharp Sight Centre

81, Defence Enclave, Vikas Marg

Delhi.110092……………………………..……………………………………………..………………Respondent

                                                                                                                  Date of Institution-24/01/2015 

                                                                                                                      Date of Decision-    /1  /2015                                                                                                                

Order by—Dr P N Tiwari, Member : 

The brief facts are that Mr R P Singh, got registered for his eye problem with respondent hospital on 05/12/2012. He inquired about the status of panel of this hospital with Delhi Jal Board, in short known as DJB as complainant is an Ex employee of Delhi Jal Board. The complainant was given a pamphlet showing that this hospital is on DJB panel list. The complainant was examined on 13/02/2014 vide bill no. 162475 having regn ID REG1213-007892. The complainant was operated for his Right Eye Cataract on 18/02/2014 and subsequently for Left Eye on 24/03/2014. He incurred total bill of Rs 35,604/-(Thirty Five thousand Six Hundred Four) including medicines, which he paid.   

The claim was submitted for re-imbursement with DJB which was rejected by DJB with remark as “Sharp Sight Centre, herein called Respondent hospital, was not on their panel list on the date when operation was done and refused to entertain the claim. Complainant approached to the Respondent hospital and asked why he was misguided for being this hospital on DJB panel list and demanded his amount back from the respondent hospital.

                                                                                                                                            Contd on Page-01

 

 

                                                            Consumer complaint no.- 58/2015                                                                                            

Notice was served. No one appeared from respondent or submitted their evidence, hence case proceeded Ex Parte. The evidences filed on affidavit by complainant are uncontroverted on record.                                                                                                                                                             

There is no evidence on record from the side of OP that this hospital was on the panel of DJB on the date of operation of complainant. Mere fact of Bank Guarantee validity shall not made the empanelment of OP valid. Once the panel tenure of OP was complete, the respondent cannot claim themselves to be on the panel list of DJB to carry out operation. The DJB have rejected the claim of complainant on the ground of respondent not being on there panel. Respondent is under obligation to refund the amount to complainant since they misrepresented the complainant that they are on the panel of DJB. .

The respondent hospital is found to be indulging in unfair trade practice. We allow this complaint. The respondent Sharp Sight Centre is directed to refund the amount Rs 35,604 with 9% interest to the complainant. We further award compensation of Rs 15,000/- on account of harassment, mental pain and agony. This shall include the cost of litigation.

The order has to be complied with in 30 days from the date of pronouncement. Failing to comply the order, entire amount shall carry 9% till realization. The copy of this order shall be sent to the parties as per rules. File be confined to the record of Forum.

 

(Dr) P N Tiwari                                                                                                        Md Poonam Malhotra    

   Member                                                                                                                         Member

                                                              Mr N A Zaidi

                                                                President

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