Jharkhand

Bokaro

CC/64/2022

Neeraj Kumar - Complainant(s)

Versus

The Charnock Hospitals Pvt. Ltd. - Opp.Party(s)

Amardeep Jha and Poonam

24 Feb 2023

ORDER

                District Consumer Disputes Redressal Commission, Bokaro

Date of Filing-06-05-2022

Date of final hearing-24-02-2023

 Date of Order-24-02-2023

Case No. 64/2022

Neeraj Kumar S/o Late Shambhu Nath Yadav

R/o Qr.NO. 1007, Street-3, Sector-4/A,

P.O. and P.S- Sector-4, District- Bokaro, Jharkhand

Vs.

The Charnock Hospitals Pvt. Ltd.

 RGM-2103, Teghoriya Major Artarial Road,

 New Town Kolkata, West Bengal, 700157

 

Present:-

                             Shri Jai Prakash Narayan Pandey, President

Shri Bhawani Prasad Lal Das, Member

                  Smt. Baby Kumari, Member

PER- J.P.N Pandey, President

-:Order:-

1. Complainant’s case in short is that his brother namely Prakash Kumar met with an accident during swimming at Kolkata on 14.01.2021 who was admitted in the Charnok Hospitals Pvt. Ltd. RGM 2103 Kolkata (O.P.) on 14.01.2021 vide patient ID No. CHPL 21000722  on bed No.- ICU/3313 but he was not cured hence said patient was shifted to Fortis Hospital, Kolkata but unfortunately he died on 27.01.2021 for which UD Case No. 11/2021 dt. 27.01.2021 at Baguitai P.S. Kolkata was registered. Further case is that after death of the patient on 27.01.2021 O.P. prepared bill for Rs. 9,84,831/- which has already been paid. Further case is that complainant demanded entire treatment documents from O.P. management including the remarks of the doctors, other medical and clinical reports in original amongst which some of the papers were provided but entire documents as diagnosis of doctors, test report, CT Scan and MRI Report and other clinical medical test reports have not been provided, hence a notice dt. 22.02.2022 was served having no impact, therefore, this case has been filed with prayer to direct the O.P. for providing entire original treatment documents to the complainant and to pay Rs. 1,00,000/- as compensation and Rs. 50,000/- as litigation cost.
2. O.P. appeared and has filed W.S. mentioning therein that the complainant has not come with clean hands hence he cannot allowed to take advantage on his own wrong. Case is not maintainable in the eye of law. It is admitted fact that the Prakash Kumar was admitted in the hospital on 14.01.2022 by his friends who was examined and treated to the satisfaction of the complainant and inspite of best efforts he could not survive. So far, return of the papers etc. is concerned on receipt of legal notice the O.P. has informed the concerned lawyer that the next of the kin of the deceased should receive the documents with his ID proof thereafter on 08.04.2022 a person arrived at the hospital and demanded the reports and documents of the deceased who could not produced any ID proof to establishing his identity and relation with the deceased, who was also not carrying death certificate of the deceased, hence he was not provided those documents. Further reply is that on the same day hospital management sent a letter to the lawyer of the complainant intimating that since body of the patient handed over to the local police hence BHT of the deceased can only be handed over to the kin of the deceased on proper identification and still O.P. is ready to provide it.
3. Since there is no dispute regarding prayer rather most of the facts are admitted facts by the O.P. who is having no objection in return of the documents hence prayer of the complainant is being allowed in the following manner:-

Complainant shall firstly file all papers showing his relationship with the deceased Prakash Kumar with all other original papers to which he has earlier received from the O.P. hospital within 30 days from today to show his credibility and close relation with the deceased.

O.P. is directed to file all remaining relevant treatment papers, documents, hospitalization papers, diagnosis report with ICU report, nursing report and medicine bill etc. within 60 days from today.

On completion of above conditions office will provide all papers to the complainant after ascertainment of his identity, relationship with the deceased etc. Keeping copy of all documents on record for future reference.

In the given facts there shall be no order for compensation and parties shall bear their own costs.

 

(J.P.N. Pandey)

                                                                                      President

 

 

(B.P.L Das)

   Sr. Member

                                                                            

                  

                                                                               (Baby Kumari)

•