BEFORE THE DISTRICT FORUM: KURNOOL
Present: Sri. T.Sundara Ramaiah, B.Com B.L., President
And
Sri. M.Krishna Reddy, M.Sc., M.Phil., Male Member
Tuesday the 8th day of May, 2012
C.C.No.156/2011
Between:
A.Paramanna, S/o Late A.Ramanna, Senior Assistant,
Senior Civil Judge Court, Gadwal - 509 125, Mahaboobnagar District.
…Complainant
-Vs-
The Executive Director, Gowri Gopal Hospital,
46-87, Budhawarpet, Kurnool - 518 002
...Opposite ParTy
This complaint is coming on this day for orders in the presence of Sri P.Siva Sudarshan, Advocate for complainants and Smt.D.S.Sai Leela, Advocate for opposite party and upon perusing the material papers on record, the Forum made the following.
ORDER
(As per Sri. M.Krishna Reddy, Male Member)
C.C. No.156/2011
1. This complaint is filed by the complainant under section 11 and 12 of C.P. Act 1986 seeking a direction on opposite party:-
a. For the payment of Rs.6,000/- with 24% per annum
interest from the date of collection to the date of
realization;
b. For the issue of proper receipt for the amount paid.
c. For the payment of Rs.20,000/- for causing mental
agony.
d. For the payment of Rs. 5,000/- as cost of the case.
2. Summary of the complainant case is that, he admitted his wife in opposite party Hospital on 24-03-2011 under I.P.No.2011030510 by paying an advance of Rs.3,020/- for which no receipt was issued by opposite party. He got discharged his wife on 31-03-2011 by paying an amount of Rs.15,210/-. But the hospital authorities passed a receipt for Rs.12,210/- only and talked adamantly when demanded for proper receipt. Opposite party also did not include an amount of Rs.5,211/- in the reimbursement bill. The complainant paid Rs.18,210/- in all but received a receipt only for Rs.12,210/- from opposite party. No receipt was given to him for Rs.6,000/- and was not included in the reimbursement bill. As the opposite party did not respond to the legal notice of the complainant dated 30-04-2011 for correction through the received it, this complainant is filed before this Forum praying a direction on opposite party for appropriate order.
3. Persuent to the notice of this Forum, opposite party denied his liability to the complaint’s claim. The opposite party’s case is that the complainant paid an advance of Rs.3,020/- on 24-03-2011. Again he paid Rs.12,210/- on 31-04-2011, but not Rs.15,210/- as claimed by him. It is false to say that Rs.5,210/- was not included in reimbursement bill. He denied that the complainant paid Rs.18,210/- for which a bill for Rs.12,210/- was raised and no receipt was passed for Rs.6,000/- as a result the complainant was unable to apply for reimbursement of Rs.6,000/-. Truth of the case is, complainant paid to opposite party an advance of Rs.3,020/- on 24-03-2011 and balance of Rs.5,210/- on 31-03-2011 totaling to a sum of Rs.8,230/-. The doctor’s fees of Rs.7,000/- was collected separately, but on the request on the complainant a consolidated bill for Rs.15,500/- was issued for the purpose of reimbursement. Separate bills for Rs.2,899.50 Ps were issued towards the purchase of medicines. The complainant got confused in the calculation of amounts and to have wrongful gain, he filed this complainant. Hence opposite party prayed for the dismissal of the case.
4. Both parties filed their sworn affidavits. The complainant got his documents marked as Ex A1 to A7 in his support. No document is filed by opposite party.
5. Written Arguments were filed by both parties.
6. Hence the points for consideration are:-
- Whether the complainant made out a case against
opposite party to prove deficiency?
- Whether the complainant is entitled for any relief?
iii. To what relief?
7. Points i & ii : Admittedly the complainant got his wife admitted in opposite party’s Hospital under I.P.No.2011030510 and paid Rs.3,020/- as advance for treatment. The patient was in opposite party’s Hospital from 24.03.2011 to 31.03.2011. The complainant is contended that he paid Rs.15,210/- on 31.04.2011 but a receipt for Rs. 12,210/- was issued. Also an amount of Rs.5,210/- paid by him was not included in reimbursement bill. Ex.A1 is I.P bill statement. It contains entries for advance of Rs.3,020/- on 24.03.2011 and final amount of Rs.5,210/- on 31.03.2011. Ex.A2 is receipt for Rs.12,210/- on 31.03.2011. Out of this Rs.12,210/-, an amount of Rs.7,000/- (6,000+1,000) was shown as doctor’s fee and the balance of Rs.5,210/- was included in bill statement Ex.A1. As per Ex.A4 the complainant in all paid Rs.15,500/- towards bed, nursing, service charges and doctors fees. In addition to that Rs.2,899.50 Ps. was paid by the complainant towards the purchase of medicines and material cost. Ex.A5, bills pertaining the purchase of medicine and material. Ex.A3 is the essentiality certificate furnishing the total expenditure of Rs.18,399.50 Ps. incurred in the hospital from 24.03.2011 to 31.03.2011. The detailed examination of the above Ex.A1 to Ex.A5 disclose that opposite party issued receipts for the amounts received from the complainant and the complainant himself got confused in equating the bills passed by the opposite party with amounts paid by him to the Hospital. In view of what is stated above the contention of the complainant is unacceptable. Hence this Forum holds that complainant failed in establishing deficiency against opposite party and so he is not entitled for any relief.
8. Point No.iii:- The claim of the complainant is not allowed because no error is proved against opposite party, in collecting the amount, while the patient was in hospital from 24-03-2011 to 31-03-2011 and passing bills for the same.
9. In the result the complainant is dismissed with no costs.
Dictated to the stenographer, transcribed by her, corrected and pronounced by us in the open bench on this the 8th day of May, 2012.
Sd/- Sd/-
MALE MEMBER PRESIDENT
APPENDIX OF EVIDENCE
Witnesses Examined
For the complainant: Nill For the opposite party : Nill
List of exhibits marked for the complainant:-
Ex.A1 In Patient bill statement issued by opposite party to
complainant dated 24-03-2011.
Ex.A2 Bill for Rs.12,210/- issued by opposite party to
complainant dated 31-03-2011.
Ex.A3 Photo copy of Essentiality Certificate of opposite party
dated 11-04-2011 along with Emergency Admission
Certificate.
Ex.A4 Photo copy of In Patient bill statement issued by
opposite party dated 24-03-2011
Ex.A5 Photo copy of In Patient bill Receipt for
reimbursement dated 31-03-2011 along with
Medicines statement and a bunch of medical bills.
Ex.A6 Photo copy of Discharge Card dated 31-03-2011.
Ex.A7 Office copy of Legal Notice dated 30-04-2011 along
with postal receipt.
List of exhibits marked for the opposite party:- Nill
Sd/- Sd/-
MALE MEMBER PRESIDENT
// Certified free copy communicated under Rule 4 (10) of the
A.P.S.C.D.R.C. Rules, 1987//
Copy to:-
Complainant and Opposite parties :
Copy was made ready on :
Copy was dispatched on :
