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
Thursday the 18th day of November , 2010
C.C.No 90/10
Between:
M.Bharath Teja, (Minor) Rep.by his Mother M.Chamundeswari,
W/o M.Maha Vishnu,
R/o H.No. 1-84, Thadakanapalli Village, Kallur Mandal, Kurnool District-518 218.
…..…Complainant
-Vs-
The Managing Director, G.V.R.Hospital,
R/o H.No. 43/48, 2nd line, N.R.Pet, Kurnool-518 001.
….…Opposite Party
This complaint is coming on this day for orders in the presence of Sri. P. Ramanjaneyulu, Advocate, for complainant, and Sri. A.Rama Subba Reddy , 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.90/10
1. This complaint is filed U/s. 11 and 2 (G) of C.P.Act seeking a direction on OP to pay Rs.23,000/- balance amount with 24% p.a interest, Rs.20,000/- for mental agony and hardship along with the cost of the case.
2. In brief the complainant M. Chamundeswari , the mother of M.Bharath Teja (Minor) got admitted her son in OP hospital on 20-10-2007 for the treatment of fits. She got her son discharged on 29-10-2007 after paying hospital bills worth of Rs.38,000/- . Due to her poverty the complainant applied for financial assistance from Chief Minister relief fund (CMRF) and got sanctioned Rs.38,000/- vide ref NO. 80890/CMFR/2007 dated 15-12-2007 which was released in favour of OP. Since the complainant paid hospital bills at the time of discharge, he requested the OP to refund the same. But OP issued a cheque bearing No. 489512 dated 12-02-2008 of Andhra Bank, NR Pet Branch, Kurnool for Rs.15,000/- in favour of complainants husband. Inspite of several requests , the OP did not pay the balance amount of Rs.23,000/- and also not responded to the legal notice of the complainant though he received it. Vexed with the attitude of the OP, the complainant filed a complaint before the forum, claiming compensation under different heads.
3. Responding to the notice of the forum OP filed written version through his counsel denying his liability to the complainants claim. written version of OP in short is that, out of Rs.44,232/- hospital expenditure of the complainant, Rs.30,000/- was incurred towards hospitalization charges and the remaining towards medicines. But complainant paid Rs.14,000/- and Rs.1,191 towards advance. For the remaining unpaid amount the complainant request the OP to adjust form Chief Minister Relief Fund, for which he applied. The Chief Minister sanctioned Rs.38,000/- and issued a cheque in the name of M/s. GVR Hospital, Kurnool. At the request of the complainant a concession of Rs.6,232/- was given in the hospital expenditure and issued a cheque for Rs.15,000/- dated 12-02-2008 to the complainant’s husband being the refund of advance paid in the hospital. So the allegation of swallowing Rs.23,000/- by OP is false. Hence there is no deficiency of service .Therefore it is prayed for the dismissal of case against him with cost.
4. Documents marked as Ex.A1 to A4 and Ex.B1 are filed by the complainant and OP respectively along with their sworn affidavit to support their cases.
5 Both parties filed their written arguments.
6. Hence the points for consideration are
1.whether the complainant has made out any deficiency on the part of OP sustaining its liability to his claim.
2.What is the amount of compensation that can be awarded to him?
7. point No.1:- Having perused the contentions of both the counsel and documents placed on record, it is accepted that the complainant admitted her son in OPs hospital for taking treatment and got discharged after 10 days. Ex.A1 is the discharge summary of the complainant’s son. The total expenditure incurred by the complainant for the treatment was Rs.44,232/-, out of which OP allowed a discount of Rs.16,232/- at complainant’s request . The O/o C.M sanctioned Rs.38,000/- as relief to the complainant from Chief Minister Relief Fund and issued a cheque infavour of OP. Ex.A4 is the sanction letter from CM office. The dispute is in the payment of hospitalization charges by the complainant while her son was in the hospital. The complainant version is that she paid Rs.38,000/- at the time of discharge of her son from the hospital. OP denied the receipt of the above payment. However he accepted the receipt of Rs.14,000/- and Rs.1191/- form the complainant . No evidence is filed by the complainant to support his payment of Rs.38,000/- . OP after receving a cheque for Rs.38,000/- from CM office , refunded Rs.15,000/- to the complainant which he received as deposit. Ex.A2 is the cheque for Rs.15,000/- issued to the husband of the complainant . So the additional payment of Rs.23,000/- by the OP to the complainant is not justified. Hence complainant failed to prove the deficiency of service on the part of the OP.
8. Point No:-2 For the reasons set out above, the forum holds that the complainant is not entitled to receive any compensation. Hence the claim of the complainant is not tenable.
9. In the result, the complaint is dismissed without costs.
Dictated to the stenographer, transcribed by her, corrected and pronounced by us in the open bench on this the 18th day of November , 2010.
Sd/- Sd/-
MALE MEMBER PRESIDENT
APPENDIX OF EVIDENCE
Witnesses Examined
For the complainant : Nil For the opposite parties : Nil
List of exhibits marked for the complainant:-
Ex.A1 Discharge Summary of G.V.R. Hospital, Kurnool, dated
20-10-2007.
Ex.A2. Photo copy of Cheque bearing No.489512 dated
12-02-2008 for Rs.15,000/-.
Ex.A3. Office copy of Legal notice dt.24-03-2008 along with ack.
Ex.A4. Chief Minister of A.P. Hyderabad, Sanction letter dt.19-12-2007.
List of exhibits marked for the opposite parties:
Ex.B1. Photo copy of reply notice dt:01-04-2008
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 :
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