Tamil Nadu

North Chennai

CC/49/2018

Mrs.N.Ramaraj - Complainant(s)

Versus

The Managing Director M/s.Suriya hospital ,Dr.S.T.Sivaraman - Opp.Party(s)

M/s.T.Balachadran

28 Nov 2023

ORDER

                                                                     Complaint presented on : 30.10.2023

                                                                Date of disposal            : 09.11.2023

                                                                                  

DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION,

CHENNAI (NORTH)

@ 2^ND Floor, T.N.P.S.C. Road, V.O.C. Nagar, Park Town, Chennai – 600 003.

 

PRESENT: THIRU. G. VINOBHA, M.A., B.L.           : PRESIDENT

                                         TMT. KAVITHA KANNAN, M.E.,         : MEMBER-I

                                         THIRU V. RAMAMURTHY, B.A., B.L., PGDLA : MEMBER-II

 

C.C. No.49/2018

 

DATED THIS MONDAY THE 9^TH   DAY OF NOVEMBER 2023

                                

Mrs.N.Ramaraj, F/62 years,

No.110, Rajendran Street,

Alwar Thirunagar,

Chennai-87

                                                                                               …..Complainant

 ..Vs..

1. The Managing Director,

M/s. Sooriya Hospital

No.1,Arunachalam Road,

 

 

2. Dr.S.T.Sivaraman, M.S(Ortho)

Consultant Orthopedic Surgeon,

Both are having office at No.1

Arunachalam Road,Saligramam

•  

 

.....Opposite Parties

 

Counsel for Complainant                   : M/s.T.Balachander and Jayaprakash

Counsel for  opposite party                  : Mr

 

 

ORDER

THIRU. G. VINOBHA, M.A., B.L., PRESIDENT

          This complaint has been filed by the complainant against the opposite party under section 17 of the Consumer Protection Act, 1986 directing the opposite party to pay to the complainant a sum of  Rs.4.5lakhs/- as medical expenses including operation charges and pay a sum of Rs.15,00,000/- as compensation and suffering from mental agony caused to the complainant and cost of this complaint.

1.THE COMPLAINT IN BRIEF:

          The  Complainant states that she was working as a Labour Inspector in Government Service more than 25 years and finally she was retired from service during 2011. On 27.10.2014 she was fell down at her home and she was unable to walk, hence she was admitted in 1^st opposite party hospital on the same day, the 2^nd opposite party has advised her to go for surgery. Complainant was underwent on surgery on 28.10.2014 at first opposite party hospital and connulated cancellous screw fixation was done on her. The complainant states that she was mobilized after 48 hours for which 2^nd opposite party informed to the complainant that the operation was successful one and she will recover within one or two weeks time. The complainant has discharged from the first opposite party hospital on 31.10.2014 and she has paid the all necessary fees. Both the parties have informed that the pain will be decreased day by day but she could not recover more than a year. The complainant having doubt over the operation done by the second opposite party has consulted with the doctors and got an appointment on 02.11.2015

2.WRITTEN VERSION FILED BY THE  OPPOSITE PARTY  IN BRIEF:

         

3.  POINTS FOR CONSIDERATION:

1. Whether the complainant is entitled for Rs.10,00,000/- for the deficiency in service of the Opposite party?

2. Whether the Complainant is entitled for the direction to remove   the name of Complainant from the CIBIL record along with adverse references pertaining to complainant in respect of amount of  Rs. 8802.48?

3. To what reliefs?

    The Complainant filed proof affidavit Ex.A1 to A24 were marked on the side of complainant. Opposite party has filed written version, proof affidavit and Ex.B1.

4. POINT NO :1

         

 

 

 

 

5.POINT.NO.2

Based on findings given to point.no.1 since complainant name is found in CIBIL records due to deficiency in service of the opposite party as discussed above by which the complainant was good to hardship and his credit worthiness was damaged thereby as he was shown as a defaulter and hence the opposite party is directed to remove the name of the complainant from the CIBIL records along with adverse reference in respect of amount of Rs.8802.48/- within a month from the date of this order. Point no.2 is answered accordingly.

6.POINT NO.3

Based on findings given point no 1 and 2 the opposite party is directed to pay Rs.25000/- to the complainant towards deficiency in service, mental agony sustained by the complainant and also directed to remove the name of the complainant from the CIBIL records with adverse reference in respect of amount of Rs.8802.48/- and also pay a sum of  Rs.5000/- TOWARDS cost of the complaint . Point no.3 is answered accordingly.

          In the result the complaint is partly allowed, The opposite party is directed to pay a sum of Rs.25,000/-(Rupees Twenty Five Thousand only) to the complainant towards mental agony and loss sustained by the complainant. Further the opposite party is directed to remove the name of the complainant from the CIBIL records with adverse reference pertaining to the amount of Rs.8802.48/- within two months and also pay a sum of Rs. 5000/-(Rupees Five Thousand only) towards the cost of the complaint. The above amount shall be paid to the complainant within two months from the date of receipt of the copy of this order failing which the above said amount shall carry 9% interest from the date of this order to till the date of payment.

Dictated  by the President to the Steno-Typist taken down, transcribed and computerized by her, corrected by the President and pronounced by us in the open Commission on this the 6^th day of  November 2023

 

MEMBER – I               MEMBER-II                          PRESIDENT

LIST OF DOCUMENTS MARKED ON THE SIDE OF THE COMPLAINANT:

Ex.A1	15.01.2017	Statement of opposite party
Ex.A2	15.02.2017	Statement of opposite party
Ex.A3	15.01.2018	Statement of opposite party
Ex.A4	15.02.2018	Statement of opposite party
Ex.A5	15.03.2018	Statement of opposite party
Ex.A6	17.03.2018	Email from complainant
Ex.A7	23.03.2018	E Mail from complainant[11.13 AM]
Ex.A8	23.03.2018	E Mail from complainant[02.58 AM]
Ex.A9	26.03.2018	E Mail from opposite party
Ex.A10	09.04.2018	E Mail from complainant
Ex.A11	16.04.2018	E Mail from complainant
Ex.A12	19.04.2018	E Mail from opposite party
Ex.A13	21.04.2018	E Mail from complainant
Ex.A14	26.04.2018	E Mail from complainant
Ex.A15	04.05.2018	E Mail from opposite party[4.39PM]
Ex.A16	04.05.2018	E Mail from opposite party[5.13PM]
Ex.A17	15.05.2018	Statement of opposite party
Ex.A18	28.05.2018	E Mail from opposite party containing Notice dated:26.05.2018
Ex.A19	30.05.2018	E Mail from complainant
Ex.A20	15.08.2018	Statement of opposite party
Ex.A21	19.12.2018	Legal Notice of the complainant
Ex.A22		Postal acknowledgment for legal notice.
Ex.A23	17.01.2019	Email from opposite  party
Ex.A24	15.01.2019	Statement of  opposite party

 

 

LIST OF DOCUMENTS MARKED ON THE SIDE OF OPPOSITE PARTY:

Ex.B1

05.01.2023

Order passed by the Hon’ble State Consumer Redressal Commission, Tamilnadu in FA No.427 of 2022

 

 

MEMBER  I               MEMBER II                          PRESIDENT

 

CC.NO.110/2019, Dated:06.11.20203

Order Pronounced,

                   In the result the complaint is partly allowed, The opposite party is directed to pay a sum of Rs.25,000/-(Rupees Twenty Five Thousand only) to the complainant towards mental agony and loss sustained by the complainant. Further the opposite party is directed to remove the name of the complainant from the CIBIL records with adverse reference pertaining to the amount of Rs.8802.48/- within two months and also pay a sum of Rs. 5000/-(Rupees Five Thousand only) towards the cost of the complaint. The above amount shall be paid to the complainant within two months from the date of receipt of the copy of this order failing which the above said amount shall carry 9% interest from the date of this order to till the date of payment.