Haryana

Mewat

CC/632/2014

Rabina - Complainant(s)

Versus

Shyam Sunder Lifeline Hospital tauru - Opp.Party(s)

Khalil Ahemad Adv

29 Jan 2016

ORDER

 

ORDER       R.S. DAHIYA, PRESIDENT.

 

                    The facts agitated in complaint in brief are as under:-

                    That the complainant had suffered stomach pain and she rushed to the opposite party-hospital where she was advised some tests from Bharat Ultrasound & CT Scan Centre Bhiwari.  The complainant alongwith her husband visited to the said Centre where tests were conducted.  After checking test reports by the opposite party he stated that an operation of Hydatid cyst is required to be conducted and demanded Rs.40,000/- from the complainant for the purpose.  Then the complainant requested to the opposite party that she is a B.P.L.Card holder and as per scheme, she should have operated free of costs. But the opposite party was not ready to conduct the operation without costs. On 5.7.2013, the complainant visited to the same hospital and deposited Rs.40,000/- to the opposite party for her operation.  The doctors of opposite party- hospital took the complainant inside the operation room and after 15/20 minutes the opposite party was told that the operation remained successful and now there will be no problem to the complainant in future.  The complainant further stated that after some days of operation she again suffered stomach pain and she rushed to the opposite party -hospital where she came to know that the opposite party has shifted his hospital from Tauru Road Nuh to Sehatpur Road, Faridabad.  On that situation, the complainant visited Shaheed Hasan Khan Mewati Hospital Nalhar where after check-up, the doctors disclosed that no operation of the complainant was conducted by the opposite party-doctors and the disease of the complainant was as it is.  The opposite party played fraud and cheated the complainant and illegally & unlawfully extract Rs.40,000/- from the complainant.  It is also submitted that the opposite party also withdrawn Rs.10,200/- of BPL Scheme for the same operation from Good Health Rohni Sector -8, Delhi. The complainant made several visits to opposite party-hospital but the opposite party was not there as he shifted his hospital. The complainant suffered mental pain, shock and harassment due to the negligence on the part of the opposite party and as such the opposite party is liable to pay Rs.50,000/- as compensation to the complainant. The complainant prayed to direct the opposite party to pay Rs. 50,200/- alongwith interest at the rate of Rs.24% per annum with compensation of Rs.50,000/- on account of mental agony and harassment to the complainant

2.                 On registration of the complaint, the notice was issued to the opposite party but neither registered letter received back served or unserved nor anybody appeared on behalf of the opposite party.  Therefore, the opposite party was proceeded against ex-parte on 1.4.2015.

3.                The complainant submitted an affidavit in support of her complaint which is Ex.CW-1 and relied upon the following documents  photocopy of Challan, Election card, Rashan Card, BPL Card and photocopies of Newspaper cuttings where the complainant demanded for justice, photocopies of two applications which were given to the Deputy Commissioner, Nuh, Mewat, Photocopy of  medical record (opposite party-hospital) of the complainant showing details of her treatment, admission date (5.7.2013) and discharge date (10.7.2013) has been mentioned, Photocopy of OPD slip  and  report of Ultrasonography of shaheed Hasan Khan Mewati Hospital, Nalhar and test reports of BharatUltrasound & CT Scan Centre, photocopy of consent signed by the complainant’s husband for operation, Photocopy of Bharat Ultrasound Centre, Singhla Sonography Centre, Photocopy of OPD slip of Pt.Bhagwat Dayal Sharma P.G.I.M.S., Rohtak, Photocopy of OPD slip of AIIMS, hospital.  The complainant also sought an information provided to him by the Deputy Manager, D.O.2, Chandigarh under R.T.I. by which clearly goes to show that the amount of Rs.15, 200/- has been withdrawn by the opposite party-hospital under BPL Scheme.

4.                We have heard the complainant as well as his counsel and have gone through the documents placed on record.  A bare perusal of the medical history/slip issued by the opposite party shows that the complainant visited the hospital of the opposite party for taking treatment of stomach pain.  Further it is evident that tests were conducted on the advice of the opposite party upon which she was advised for operation.  It is also established from the record that she was operated by the opposite party on 5.7.2013.  The complainant specifically pleaded that in fact no operation was conducted for the alleged disease rather only some formalities of operation were completed.  Again the documents placed on the file shows that the complainant again developed pain in her stomach and she again rushed to the opposite party-hospital but the opposite party has already left the site and still not there.  A perusal of the prescription slip issued by the shaheed Hasan Khan Mewati Hospital, Nalhar shows that she visited the hospital for her treatment and the ultrasound report also shows that she again got conducted some tests and she was again advised for operation of Hydatid cyst by the hospital.  We have carefully checked the record and come to the conclusion that the opposite party did not operate the complainant for Hydatid cyst and the opposite party completed some formalities with the complainant for showing only that operation of Hydatid cyst completed by the opposite party.   In this way charging of amount of Rs.40,000/- from the complainant for operation of Hydatid cyst is not only wrong, illegal but also amounts the deficiency in service on the part of the opposite party.  A perusal of the newspaper cuttings placed on the file also shows that the complainant was charged Rs.40,000/- for her treatment which was not actually done by the opposite party-doctors.  Besides this, it is also established that the opposite party wrongly and illegally withdrawn an amount of Rs.15,200/- under BPL scheme.  Even after publication of news of the incident in the newspaper opposite party did not taken any step to redress the grievances of the complainant or even to present before the Forum to join the proceedings.  Since the opposite party did not appear before the Forum in spite of due service effected through registered post, the evidence led by the complainant goes unrebutted and unclaimed.

5.                In view of the above discussion and foregoing reasons, the complaint is allowed directing the opposite party to refund Rs.40,000/- to the complainant with interest at the rate of 9% per annum from the date of filing of this complaint till the date of payment.  The complainant is also awarded compensation of Rs.10,000/- on account of mental agony, physical harassment and economic loss.  The opposite party is also directed to pay an amount of Rs.15,200/- to the Secretary, Haryana State Legal Aid Authority, Mewat at Nuh which he has taken under BPL Scheme.  Compliance of this order be made within 30 days from the date of receiving the copy of this order.

                    Copy of this order be given to the parties free of costs.  File be consigned to record room after doing needful.  This order of the Forum is running into 4 pages in total and each and every page of this order has been signed.

Announced in open Court.

29.01.2016