DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION, PALAKKAD
Dated this the 12th day of July, 2023
Present : Sri.Vinay Menon.V, President
: Sri.Krishnankutty N.K., Member Date of filing: 04/02/2022
CC/28/2022
1.T.M. Govinda Varma,
S/o A.Vasumenon,
“DAYA” Akathethara,
Palakkad – 678 008. - Complainant
(By Adv. Ullas Sudhakaran)
2. Prathiba Varma
D/o.T.M.Govinda Varma,
“Prarthana”, Akathethara,
Palakkad – 678 008.
V/s
Manging Director,
Welcare Hospital,
Welcare Junction,
Mercy College,
Palakkad – 678 006. - Opposite party
(By Ex-pate)
O R D E R
Prepared by Smt. Vidya.A, Member
1. Pleadings of the complainant in brief
The complainant was admitted in Sai Hospital, Olavakkode due to fever on 08/12/2021 and he was tested Covid Positive. They suggested admission in 3 hospitals out of which the complainant selected Welcare Hospital and got admitted on 09/12/2021 on 2.30 am. He was treated there upto 15/12/2021. During his treatment in Welcare Hospital, he had undergone some bitter experiences.
When he was admitted in Covid Floor, the opposite party informed the room rent to be Rs.1600/- and after 2 days, they asked to pay Rs.4000/- as room rent. When enquired about this, their reply was that room rent of Rs.1600/- is for non-covid patients. But the complainant was admitted in opposite party hospital after testing Covid positive in the Covid floor. On 14/12/2021, the complainant’s condition became worse and he was not properly attended by the staff of opposite party. Later on duty doctor asked them to shift to another hospital as there was no Ureologist in opposite party hospital.
At the time of discharge, the complainant was asked to pay a bill amount of Rs.56,050/- as the charges for Room rent, Oxygen charge, Doctor fees and Lab bill. Additional bill was paid for medicines. The complainant, who is a heart patient who that undergone bye-pass surgery and a super senior citizen of 80 years old did not get any attention in opposite party hospital.
He was taken to Avitis Hospital from there and undergone treatment from 15/12/2021 to 29/12/2021. All these happened due to the negligence of the opposite party hospital and their staff. On discharge, the complainant was shocked to see the difference in the charges of some items in the 2 hospitals. In Avitis hospital, they charged Rs.350/- for 24hrs Oxygen and in Welcare Hospital they charged Rs.5500/- for this. On enquiry it was informed by the opposite hospital that they charge Rs.250/- per hour and charged Rs.29,500/- for 119 hours. Avitis Hospital charged Rs.3820/- for oxygen.
The complainant tried to contact the opposite party hospital management to get a clarity on this. Eventhough they promised to revert; they did not do. The complainant is still suffering from breathing problems and needs to do follow-up checkups twice in a month only due to the negligent acts of the opposite party.
So the complainant approached this Commission for directing the opposite parties to pay a total of Rs.4,18,000/- (Avitis hospital expenses Rs.2,45,000/-, transport expenses Rs.23,000/- the excess amount charged for oxygen Rs.25,000/- for deficiency in service Rs.50,000/- and for the complainant’s further treatment Rs.75,000/-)
2. After admitting complainant, notice was issued to the opposite party. The opposite party entered appearance and Vakalath was filed on their behalf. But they filed version beyond statutory period and hence it was rejected. Trial proceeded as if they set ex-parte.
3. Complainant filed proof affidavit and Exts.A1-A5 were marked from his side. Opposite party filed IA 69/23 to cross examine the complainant. Initially the application was allowed. Later on the said order was Reviewed and in view of the failure on the part of the opposite party to file version within the statutory period, IA 69/23 was dismissed.
4. In order to prove his case, the complainant filed 5 documents. Ext.A1 is the Covid test report dated 8/12/21 issued by “STARK DIAGNOSTICK” showing the complainant’s test result as “positive”. Ext.A2 is the ‘Discharge Summary’ from SAI Hospital referring the patient(complainant) to covid care center for further evaluation Ext.A3 is the ‘Discharge Summary” issued by Welcare Hospital. From this, it is clear that the complainant was admitted in opposite party hospital on 9/12/2021 and discharged on 15/12/2021. Ext.A3 also shows ‘Follow up Advice’ referring the complainant to higher entre for further evaluation. Ext.A4 dated 15/12/2021 is the Cash Bill issued by opposite party hospital. The total bill amount per Ext.A4 is Rs.56,050/-
5. The complainant’s main grievance is regarding the room rent charged by opposite party and oxygen charges. The complainant’s contention is that while admission, the opposite party informed the room rent to be Rs.1600/- per day, but while on payment they asked to pay Rs. 4000/- as rent per day. Ext.A4 shows the total room rent as Rs.5600/-. From the cash bill, it is seen that the opposite party hospital has charged a room rent of Rs.5600/- for 6 days ie only Rs.933/- per day. No other evidence is adduced by the complainant to show that the opposite party hospital charged excess room rent from that of initially agreed.
6. Regarding oxygen charges, from Ext.A4 the total charge is shown as Rs. 29,750/- for 6 days. Ext.A5(series) is the bill issued by the Avitis Hospital, Nemmara, Palakkad. The complainant produced the IP Bill, Break up details. In this under the heading ‘Treatment and Procedures the ‘Oxygen charges 24 hours’ is shown as Rs.350/- For all the days shown in that bill, they have charged Rs.350/- per day. So for 6 days, Avitis hospital has charged only Rs.2100/- as oxygen charges. Comparing with this, the opposite party hospital has charged an exorbitant amount. Being a primary health requirement, there cannot be such a vast difference in the charges for oxygen. Particularly during the Covid period, strict Government instructions and guidelines were issued by the Government regarding the charges to be levied by the Private hospitals. Eventhough there will be slight difference in the charges according to the infrastructure and other aspects of the hospital, there cannot be such a huge difference in the charges in the ‘oxygen’ as a vitally essential commodity. So charging an exorbitant amount is an un fair trade practice and opposite party is bound to compensate the complainant for the financial loss and mental strain suffered by the complainant.
7. Complainant’s next allegation is that the complainant was not properly attended and treated in opposite party hospital. Later on, an enquiry by the complainant’s daughter, the duty Doctor asked that the complainant has shifted to some other hospital for further treatment as they had no urologist in their hospital. Because of the negligence and deficiency in service on the part of the opposite party hospital, complainant is still under treatment. Complainant’s daughter had to resign her job for attending the complainant. All there caused great financial loss to him.
8. The complainant did not adduce any evidence to prove these contentions. In the absence of cogent evidence showing medical negligence on the part of the opposite party, we are not inclined to allow that prayer in the complainant.
In the result, the complaint is allowed in part.
We direct the opposite party to refund Rs.25,000/-, being the excess amount charged for oxygen by the opposite party together with 10% interest from 4/2/2022 till realization, Rs.75,000/- as compensation for the deficiency in service and un fair trade practice on the part of the opposite party. Rs.25,000/- as compensation for the mental agony suffered by the complainant and Rs. 25,000/- as cost of this litigation.
The above amounts are to be paid within 45 days of receipt of this order, failing which the opposite parties are liable to give Rs.250/- as solatium per month or part thereof till the date of payment.
Order Pronounced in abstentia of the author concerned on 12th day July 2023; concurred by President & Member who conducted the proceedings.
Sd/-
Vinay Menon.V
President
Sd/-
Krishnankutty N.K.
Member
APPENDIX
Documents marked from the side of the complainant:
Ext. A1: Complainant Covid -19 Test Report.
Ext. A2: Discharge summary of complainant, Sai Hospital, Olavakkode dated
9/12/2021.
Ext. A3: Discharge summary of complainant, Welcare Hospital, Palakkad dated
15/12/2021.
Ext. A4: Cash Bill of Welcare Hospital, Palakkad dated 15/12/2021.
Ext. A5: Bill issued by Avitis Hospital, Nenmmara, Palakkad
dated 29/12/2021.(3 Nos)
Documents marked from the side of opposite parties:
Witness examined from the complainant’s side: Nil
Witness examined from the opposite parties side: Nil
Cost: Rs.25,000/-
NB: Parties are directed to take back all extra set of documents submitted in the proceedings in accordance with Regulation 20(5) of the Consumer Protection (Consumer Commission Procedure) Regulations, 2020 failing which they will be weeded out.
