Complaints filed on: 17-09-2022

                                                      Disposed on:26-04-2023

BEFORE THE DISTRICT CONSUMER DISPUTES

REDRESSAL COMMISSION, TUMAKURU

DATED THIS THE 26^th DAY OF April, 2023

P R E S E N T

SMT.G.T.VIJAYALAKSHMI, B.Com, L.L.M, PRESIDENT

SRI.KUMARA.N, B.Sc., L.L.B, MEMBER

SMT.NIVEDITA RAVISH, B.A., L.L.B, LADY MEMBER

CONSUMER COMPLAINT No. 138/2022

1.       Dr.M.S.Nagananda S/o A.N.Sanne Gowda, A/a 45 years,

2.       Smt. Kavitha S.K. W/o Dr.M.S.Nagananda, A/a 30 years,

3.       Kum. Dhanvitha .N D/o Dr. M.S.Nagananda, A/a 7 years,

4.       Kum. Vamshitha .N D/o Dr. M.S.Nagananda, A/a 4 years,

All are residing at Flat No.201, Royal Residency, Dubasipalya,

4^th Cross, NK Farm, RVV Post, Bengaluru – 560 059

Sl.No.2 is Mother of Sl.No. 3 to 4 Minor Daughters, Natural Guardian.

……….Complainant/s

(In person)

V/s

1.       Sri. Siddaganga Hospital,

2.       Chief  Executive Officer (CEO)

Sl.No. 1 & 2 official Address,

Dr.Sree Sree Shivakumara Swamiji Road,

(B.H.Road, Tumakuru-572 102.

……….Opposite Parties

 (By Sri. H.B. Gurukiran, Adv.,)     

                                                :O R D  E R :

SMT.NIVEDITA RAVISH, LADY  MEMBER

This complaint was filed by the complainant U/s 35 of Consumer Protection Act, 2019 against the Opposite Parties with a prayer to hold the OPs/ hospital and their Directors in demanding exorbitant medical charges on the treatments of complainants and to reimburse the additional fee collected by the OPs/Hospital at Rs.1,58,000/- along with compensation of Rs.2,00,000/- and such other reliefs as the Hon’ble Commission deems fit to grant.

2.       The 1^st Opposite Party is the Siddaganga Hospital and the 2^nd Opposite Party is the CEO of Siddaganga Hospital (hereinafter called as “OPs/hospital”).

3.       It is the case of the complainants that the complainant No.1 who is working as a Professor tested as positive for COVID-19 on 14.08.2020 and he shifted to Ashwini Hospital, Tumkur, where he admitted for two days from 14.08.2020 to 16.08.2020.  In the same time, being primary contact with complainant No.1, the complainant Nos.2, 3 & 4 were also tested positive for COVID-19 and they were shifted to OPs/Hospital and the complainant No.1 has also admitted in OPs/ hospital after discharged by the Ashwini Hospital, Tumkur.  The OPs/hospital treated the complainants unsympathetically at the time of admission to the OPs/Hospital and also at the time of discharge from the OPs/Hospital.  The OPs/ hospital provided single room for all the complainants and arranged three beds for four complainants since complainant No.4 who was one 1year 3 months, no bed was provided to her.  It is further submitted that having health insurance policy of HDFC Ergo, the complainant No.1 has requested to avail cashless facility from the Insurance company for complainant No.1, but the OPs/hospital authorities never co-operated with the complainant No.1 and the OPs/hospital authorities have harassed the complainant No.1 for money even though he had been requesting to avail the insurance policy.  There was no surgery made to any complainants.  The doctors of OPs/hospital did X-ray for the family and they have collected blood and urine samples once, but none of the reports were shared with the complainants.  The complainant has paid the amount to OPs/hospital for the treatment as per below table;

The OPs/hospital has given the final bill for the amount of Rs.3,79,693.21 as per below table;

Though the OPs/hospital has given the same treatment to all the four members, they have charged the charges to each of them differently.  The OPs/hospital had told that, for single patient treatment, charges will be Rs.15,000/- per day for COVID-19 treatment in special ward, but OPs/Hospital have given three beds in semi general ward but charged exorbitant charges and also charged for the bed of complainant No.4 which was not provided to complainant No.4. The OPs/hospital has given simple treatment to all the complainants, but charged heavily by unethically.  Hence, the complaint.   

4.       On receipt of notice by this Commission, the OP Nos. 1 & 2 were appeared through their common counsel and field their version contending that the complaint is not maintainable either in law or on facts and the complainant have filed this complaint with malafide intention to gain unlawfully.  The OPs/Hospital further contended that the complainants 2 to 4 have been admitted to the OPs/hospital on 16.08.2020 complaining of fever and Covid-19 positive referred by the Govt. Hospital, Gubbi and immediately the staff of OPs/Hospital registered admission and shifted all the three patient i.e. complainant Nos. 2 to 4 to separate ward – suit as soon as doctors have responsibly provide most logical treatment plan possible to cure the said disease and the complainant No.1 also admitted on 17.08.2020 for the same disease because of primary contact with his family i.e. complainant Nos. 2 to 4 accordingly the complainants (entire family) have been shifted to the ward – suite and later due to the best treatment by doctors and efforts of staff of the Hospital, all the complainants have recovered from the disease and discharged on 20/21/08/2020. 

          It is further contended by the OPs/Hospital that at the time of admission, complainants have paid Rs.90,000/- only through phone-pe dated:16.08.2020 and later at the time of discharge, hospital has raised the bill calculating particulars of treatment and given a discount of Rs.34,500/- on request of complainant No.1 and after discount charged Rs.2,05,603/- for complainant Nos. 2 to 4 treatment, by the time complainant has paid Rs.60,000/- and there was a due of Rs.55,603/-.  The OPs/Hospital further contended that at the time of admission the complainant stated that he had obtained health insurance policy and undertake to produce after recovery as he has kept the same in the house.  By considering his request and profoundness of disease, the staff of the Hospital agreed and treated without asking money except charging Rs.1,600/- for miscellaneous.  It is further contended that after receipt of insurance copy from the complainant, they processed by claiming amount of Rs.1,39,619/- from HDFC ERGO Health Insurance Company Limited, but company has approved only an amount of Rs.74,500/- as per terms of the policy and remaining amount was waived off as per the policy and thereby the complainant was due Rs.55,603/- towards his wife and daughters treatment and that time complainant pleaded inability and financial crises and also approached Suresh D.D., Director and Principal of CIT College, Gubbi, where complainant No.1 is working,  had transferred an amount of Rs.1,00,000/- to the hospital bank account instead of Rs.55,603/-, thereafter they have returned the amount of Rs.9,900/- in cash and paid Rs.34,500/- through RTGS to the complainant No.1 bank account. 

          The OPs/Hospital further contended that their hospital has a good name in the locality and they have excellent ability of doctors to cure disease and the staff of their hospital has scarified their most of the time in treating COVID-19 patients day and night and hence the allegations made by the complaint in that regard does not arise.  They have not demanded excess amount from the complainant and in turn they have given best treatment to the complainants and hence there is no deficiency of service on their side.  It is further contended that after getting the good treatment and services which resulted in the complainants’ speedy recovery from COVID, blaming the OPs/Hospital by saying false things through the complainant is not proper and the complainant being aware of the said things, filed this complaint to make unlawful gain.  Hence, on these among other grounds, the OPs prayed to dismiss the complaint.

5.       The complainant No.1 has filed his affidavit on behalf all complainants and marked the documents at Ex.P1 to P19.   One Dr.Sanjeev Kumar, CEO of OP No.1 hospital has filed his affidavit evidence..  The OPs/Hospital has marked the documents at Ex.R1 to R3. 

6.       We heard the arguments of complainant No.1 on behalf of all complainants and arguments of counsel for OP Nos. 1 & 2.  The Complainants and OPs have filed their written arguments also.

7.       The points that would arise for determination are as under.

1. Whether the complainant proves the deficiency in service on the part of OPs?

2. Is the complainant is entitled for the reliefs sought for?

8.       Our findings on the aforesaid points are as follows:

                             Point No.1 : Partly Affirmative

                             Point No.2 : As per final order for the below.

:REASONS:

Point Nos.(1) & (2)

9.       The complainant No.1 has argued that, in the first wave of Covid-19, he has tested positive on 14.08.2020 and immediately shifted for quarantine in Ashwini Hospital, Tumkur and the complainant No.1 has admitted in Ashwini Hospital from 14.08.2020 to 16.08.2020.  To prove the same the complainant No.1 has produced the Ex.P18/copy of the discharge on requesting volunteer of Ashwini Hospital, Tumkur, Dt:16.08.2020 and P19/copy of the bill of Ashowini Hospital, Tumkur.  Further, the complainant No.1 has submitted that, his family members i.e. complainant Nos. 2 to 4 being primary contact with him, were also tested Positive for covide-19 and they were shifted to OPs/hospital on 16.08.2020 and the same was established by Ex.P1/Copy of the outpatient slip of Gubbi Government Hospital,  Ex.P2/Advance receipt of OPs/Hospital, Ex.P11 & P12/Copies of inpatient bill. Further the complainant No.1 has made allegation that the OPs/hospital has not allowed the complainant Nos.2 to 4 and not attended them till the payment was paid and the OPs/hospital has not shown any sympathy towards the family members of complainant No.1. Further the complainant No.1 has submitted that, OP hospital has shifted complainant No.1 with his family member in single room by arranging three beds for 4 members since the complainant No.4 was 1 year 3 months kid.   The complainants have not produced any documents/evidence to show that, the OP has arranged only 3 beds for 4 members for complainant’s family.    But OP/hospital has admitted in its version that the entire family has been shifted to the ward suite.

10.     Further, the complainant No.1 has argued that, the OP hospital authorities were started demanding money up to 5-10 lakhs for treatment and this has caused immense mental agony to the entire family and OP/hospital were hiding the information about health of all complainants’ to their family and friends, with this the mind of the complainant No.1 was extremely stressed out. Further, the complainant No.1 has argued that, the OPs/hospital/the Doctor has only did X Ray for the family and they have collected blood/urine samples once, but none of the reports were shared. In contrary, the Ex.P6/copy of Discharge summary reports of complainant Nos.1 to 4 reflecting that the OPs/hospital have conducted test of blood, urine and x-ray of all complainants.

11.     Further, the complainant No.1 has submitted that, the OP hospital had told to the complainant that for single patient treatment, charges will be Rs.15,000/- [Fifteen Thousand Only] per day for covid-19 treatment in special ward, but OP/hospital have given three beds in a semi general ward, but bill details are tabulated in below table.

Ex.P8/copy of in-patient bill of complainant No.1, Ex.P10/copy of In-patient bill of complainant No.2, Annexure of Ex.P11/copy of in-patient bill of complainant No.3 and Ex.P12/ copy of in-patient bill of complainant No.4  are reflecting the total bill for respective complainants as per the above table. But complainants have failed to produce any document or evidence to show that, the OPs/hospital has told at the time of admission to the complainant that they have been charged Rs.15,000/- per day for Covid-19 patients. Further the complainant No.1 has argued that, doctors used to visit once in day, but charged double per day.  On perusing Ex.P8/copy of inpatient bill of complainant No.1, the OPs/hospital has charged Rs.2,000/- for 1 visit and as per Ex.8 OPs/hospital has charged for 2 visit per day for 4 days i.e., 17.08.2020 to 20.08.2020 to the complainant no.1.   The complainant has not produced any document to show that, the doctors in OP/hospital visited only once in a day. As per Ex.P10/ Impatient bill of complainant No.2, annexure of Ex,11/ Impatient bill of complainant No.3, Ex.P12/Impatient bill of complainant No.4 are reflecting that, the doctor has visited once on 16.08.2020, 2 times on 17.08.2020, 18.08.2020 and 19.08.2020 and 20.08.2020 to take care of complainant Nos.2 to 4 and as per Ex.P10, annexure of Ex.P11 and Ex.P12 the OPs/hospital has not taken any consultation fees for complainant Nos.2 to 4.

12.     Further, the Complainant No.1 has argued that, the OP hospital has charged Rs.7,000/- for bed of complainant No.1 and OP has charged doubled i.e., Rs.15,000/- per person for the same bed to the complainant No.2, 3 and 4. The Ex.P8,  P10,  P11/ Inpatient bills of complainant Nos.1 to 4 are establishes the same. Further the complainant has argued that, the OP hospital has wrongly charged Rs.7,000/- for 5 days totally Rs.35,000/- to the complainant No.1 for 5 days though the complainant has admitted for 4 days. Ex.P8/ Inpatient bill of complainant No.1 produced by the complainant clearly reflecting the date of admission of complainant No.1 was 17.08.2020 of 00.15 and date of discharge of complainant No.1 was 21.08.2020 at 12.27. Further the Ex.P8/ Inpatient bill of complainant No.1 has reflecting that, bed charges for Suit Bed-Covid19 TC 5/B - Rs.7,000/- for 5 days and total amount for bed charges was Rs.35,000/-. The complainant No.1 has also admitted that he has admitted on mid night at 12.15 p.m on 17.08.2020.   Hence,  we have not found any exorbitant calculation regarding days in between admission to discharge of the complainant No.1 and also regarding total calculation of bed charge of complainant No.1.  Moreover, the treatment charges of complainant No.1 i.e. Rs.74,000/- was collected by the OPs/hospital from Insurance Company.

13.     Further the complainant No.1 has argued that, the OP hospital has charged Rs.6,000/- for the consumables of complainant No.1 and OP hospital has charged extra Rs.5,000/- for the complainant No.1.  But, Ex.P8/copy of the in-patient bill of complainant No.1 is showing that the OPs/hospital has charged only Rs.5,000/- (Rs.1,000/- per day for 5 days) for consumables of complainant No.1, Ex.P10/copy of in-patient bill of complainant No.2, Annexure of Ex.P11/ copy of in-patient bill of complainant No.3 and Ex.P12/ copy of in-patient bill of complainant No.4 are reflecting that the OPs/Hospital has charged only Rs.1,000/- for each complainant i.e. complainant Nos. 2 to 4. But at the time of giving treatment, the doctors have uses the consumable which are essentials and required to a particular patients. Hence, we have not found any exorbitant calculation regarding cost of consumables. Further the complainant No.1 has argued that the OP hospital has charged extra Rs.18,000/- for PPE kit though the OP hospital used one PPE kit for entire ward. Ex.P8/ inpatient bill of complainant No.1 is reflecting that, PPE kit 3 X 1,200 = 3,600/- for 5 days Rs.18,000/-. Therefore the OP hospital used 3 PPE kit and price of one PPE kit was Rs.1,200/-. Hence they charged Rs.3,600/- per day. We have not found any extra charge regarding price of PPE kit.

14.     Further, complainant No.1 has argued that, the OPs/hospital has charged extra for the bed to complainant No.2 to 4 and to prove the same complainant No.1 produced Ex.P7/ copy of online news regarding Karnataka Government guidelines to private hospital dated July 2021. But complainants were admitted on August 2020. Hence it(Ex.P7) is not considered.

15.     The counsel for the OP hospital has vehemently argued that, the complaint itself not maintainable and it is barred by the laws of limitation, because the complainants have discharged on 20/21.08.2020 and the complaint filed by the complainants on 17.09.2022. But, at the time of hearing on admission, the complaint submitted that, he got the knowledge about exorbitant and different charges made by the OP hospital on 18.09.2020 and on the same day he has issued the legal notice to the OPs/hospital, which was evidenced by Ex.P15. Hence, this Commission is in the opinion that this complaint is within the limitation period.

16.     Further the counsel for the OPs/hospital admitted about the money transaction made by the complainant No.1 to the OPs/hospital as complainant No.1 has paid Rs.90,000/- through phone pay on 16.08.2020. After that bill was raised by the hospital and OPs/hospital has given a discount of Rs.34,500/- on request of the complainant No.1 and after discount, charged Rs.2,05,603/- for treatment of complainants No.2 to 4. Then the complainant No.1 has paid Rs.60,000/- and complainants have due of Rs.55,603/- to OP hospital. Further, the counsel for the OPs/hospital has submitted that, the complainant No.1 has transferred the amount of Rs.1,00,000/- through Principal of CIT college, Gubbi to OPs/hospital bank for the remaining amount of Rs.55,603/- and OP hospital have returned Rs.9,900/- in cash and paid Rs.34,500/- through RTGS in to complainant No.1 bank account. The complainant No.1 has also admitted at the time of argument that, the OPs/ hospital has returned the total amount of Rs.44,400/- to the complainant No.1.  

17.     Further, the counsel for the OP has argued that, they have collected the charges for complainants No.1 to 4 as per the notification passed by the Government of Karnataka dated 23.06.2020 and HFW228 ACS 2020 clause [iii] and also produced the Ex.R1/ copy of the notification issued by the Government of Karnataka dated 23.06.2020 in which it is mentioned as “There will be no ceiling for suites.” According to this notification, the Government not made any ceiling for suites for Covid-19 patients who were admitted in suites in the private hospital. The OPs/hospital has freedom to collect to its own charges to suite facilities as per notification of Government of Karnataka dated:23.06.2020 regarding bed facilities for COVID-19 patients. But in the same time OP hospital has admitted in its version and written arguments that, the entire family of complainant No.1 i.e., complainant No.1 to 4 have been shifted to the ward-suite. Hence, as per this contention of OPs/hospital, it is clear that bed facilities and accommodation provided by the OPs/hospital was same as given to the complainant No.1 and to complainant Nos.2 to 4.  But Ex.P8/In-patient bill of complainant No.1, Ex.P10/In-patient bill of complainant No.2, annexure of Ex.P11/copy of in-patient bill of complainant No.3 and Ex.P12/copy of in-patient bill of complainant No.4, are reflecting that the OPs/hospital has charged different amount to complainant No.1 and complainant Nos.2 to 4.  The OPs/Hospital has charged Rs.7,000/- for the bed of complainant No.1 and Rs.15,000/- each was charged for complainant Nos.2 to 4 for suite facility. Hence, it is clear that the OPs/hospital has made discrimination regarding charging for bed facility and same is amounts to unfair trade practice and deficiency in service on the part of the OPs/hospital. Hence OPs/hospital has charged extra amount of Rs.8,000/- per day to each complainant Nos.2 to 4. Therefore the OPs/hospital has charged total amount of Rs.8,000/- for 3 persons and for 4 days. [admitted days of complainant No.2 to 4 i.e. 3X4X8000= Rs.96,000/-. But OPs/hospital has already given discount of Rs.34,500/-.  Considering the same, the OPs/hospital is liable to pay Rs.96,000.00 –(Minus) 34,500.00 = 61,500.00  to the complainants with interest @ 8% p.a from 20.08.2020 (i.e., date of discharge of the complainant No.2 to 4) to till realization.

18.     Further the complainants have prayed for cost of Rs.2,00,000/- for compensation. But the complainants have not produced any document to show that they have entitled for cost of Rs.2,00,000/- for compensation. But OPs/hospital has not returned the extra amount paid by the complainants though the legal notice issued to them on 18.09.2020 and compelled the complainants to approach this commission and considering the mental agony caused to the complainants, the complainants are entitled for compensation of Rs.10,000.00. Hence, OPs/hospital is liable to pay the compensation of Rs.10,000/- and litigation cost of Rs.5,000/- to the complainants. Accordingly we pass the following

:ORDER:

The complaint filed by complainant No.1 to 4 is allowed in part with cost.

The OP Nos. 1 & 2 are directed to pay jointly and severally an amount of Rs.61,500/- to the complainants with interest @ 8% p.a from 20.08.2020 to till realization.

Further it is directed that the OP Nos. 1 & 2 are directed to pay jointly and severally Rs.10,000/- towards compensation and Rs.5,000/- towards litigation cost to the complainants.

Further, the OP Nos. 1 & 2 are directed jointly and severally to comply the above order within 45 days from the date receipt/knowledge of this order.

Send copy of this order to both parties at free of costs