West Bengal

Bankura

CC/14/2021

Sima Rakshit - Complainant(s)

Versus

Vivekananda Hospital Pvt. Ltd. - Opp.Party(s)

Self

13 Dec 2023

ORDER

IN    THE   DISTRICT   CONSUMER   DISPUTES   REDRESSAL COMMISSION, BANKURA

  Consumer Complaint No. 14/2021

          Date of Filing: 05-10-2021

Before:                                        

1. Samiran Dutta                             Ld. President.      

2. Siddhartha Sankar Bhui            Ld. Member.                            

 

For the Complainant:  Self

For the O.P.: Ld. Advocate Tapas Chowdhury

                                                                                                                                                                    

Complainant

Mrs. Sima Rakshit, W/O Debasis Rakshit, Vill+P.O.Jhantipahari, P.S. Chhatna, District- Bankura, PIN- 722 202                                                                                                                                   

Opposite Party                                                                                                                                                                                                                                           

Vivekananda Hospital Pvt. Ltd., Dr. Zakir Hussain Avenue, Bidhannagar, Durgapur,  PIN- 713 206                                                                                                                                 

JUDGEMENT                             

                                                                                                                             

Dated:13-12-2023

The record is taken up for delivery of judgement.

The Complainant’s case is that her husband Debashis Rakshit was admitted at O.P./Hospital on 29/04/2021 with COVID-19 positive suffering from respiratory problems but unfortunately he expired on 18/05/2021 at the said Hospital. Medical bill was raised by the O.P./Hospital at Rs.8,15,000/- which the Complainant paid on different dates initially with cash  Rs.40,000/- and the rest through Bank  transactions after taking loan from her well wisher. Another medical bill was raised for Rs.42,000/- which was adjusted through Swasthya Sathi Card of the Complainant. The Complainant all along demanded medical bill with break ups but the O.P. Authority could not furnish the same. Being aggrieved and dissatisfied with such arbitrary and excessive medical bill the Complainant knocked at the door of Chief Minister, Government of West Bengal, the Chairman, Health Commission,  Govt. of W.B. and other Govt. functionaries by writing separate letters to them but did not get any relief anywhere and so she  has taken recourse to the Consumer Protection Act for filing the instant complaint against the O.P./Hospital alleging deficiency in service in settlement of billing dispute.

O.P./Hospital Authority contested the case by filing a written version contending inter alia that the bill raised by the Hospital Authority is not excessive and arbitrary and the Complainant is not entitled to get any relief in this case.

                                                                                                                                                                                     Contd……p/2

                                                                                                  Page: 2

.                                                                             -: Decision with reasons: -

Having regard to the facts of the case, submission, contention and documents on both sides the Commission finds that admittedly the victim patient was under treatment at O.P./Hospital from 29/04/2021 till his death on 18/05/2021 and during this period the Complainant has incurred medical expenses of Rs.8,15,000/- in addition to Rs.42,000/- through Swasthya Sathi Card. Death Ceretificate of the victim patient which is on record shows that the cause of death being COVID-19 with positive bilateral pneumonia with severe acute respiratory distress syndrome and hypoxic respiratory failure with severe sepsis. There is no dispute with regard to payment details but the Complainant is dissatisfied in spending lakhs of money for her dying husband which is beyond her expectation. At the time of hearing two separate medical bills with break ups No. being DB/21-22/01023 and DB/21-22/01110 for Rs.8,15,000/- & Rs.42,000/- respectively have been filed on behalf of the O.P./Hospital.

The Commission during the pendency of the case took an attempt for verification of such medical bill through West Bengal Medical Council and the Order passed by this Commission dated: 12/09/2022 though reached to the West  Bengal Medical Council but has not been complied with for the reason best known to them. Thus the Commission has no mechanism to verify the veracity of two medical bills. Be that as it may it appears from the record that even on demand the Complainant was not furnished with such medical bills at proper time.

It is the bounden duty of the concerned Hospital Authority to provide medical bill and other medical papers relating to the treatment of the patient to the patient party so that they can prepare in advance with requisite fund for payment but in this case payment has been made through Bank from time to time without receipt of any bill and the Bank statement which is on record lends support to this proposition. The Complainant went on paying hefty amount from time to time in good faith according to the instruction of the O.P./Hospital Authority and at the end of the day she was  surprised to find that the bill amount was so hiked  beyond her estimation.

In order to resolve the issue the Commission by Order dated: 03/03/2023 referred the matter to the O.P./Hospital Authority for an amicable settlement but no fruitful settlement came out as reported by the Complainant in her separate petition.

In the above facts and circumstances of the case the Commission is to see whether the O.P./Hospital Authority has committed any deficiency in service in the matter of medical bills.  The Commission wonders that while submitting written version there is no reference and mention of the disputed medical bills which were filed before the Commission only at the time of final hearing on 23/11/2023. The O.P. could not furnish any material on record which can show that the Complainant was furnished with such medical bills at the proper time.

                                                                                                                                                                                    Contd……p/3

                                                                                                  Page: 3

It also appears from the record that the medical bill for Rs.8,15,000/- is undated and so it is not clear  when that  bill was raised. It naturally raises doubt in the mind of the Commission as to whether that bill is prepared on the basis of actual cost of treatment.

It is now a well settled proposition of Consumer law that non-furnishing of medical bills and medical papers to the patient party in due time is an act of deficiency in service within the meaning of Section 2(11) of the Consumer Protection Act, 2019 for which the O.P./Hospital Authority has to compensate the Complainant to the tune of Rs.1 Lakh. That apart without going into the controversy as to the alleged inflated medical bill, the Commission, in consideration of the facts and circumstances of the case including the financial status of the Complainant and the unfortunate death of the Complainant’s husband in COVID 19 situation and raising of the medical bill in such manner, on its best judgement assessment direct the O.P./Hospital Authority to reduce the medical bill amount by Rs.1 Lakh.

Thus the Complainant is to get Rs.1 Lakh as compensation for deficiency in service with further Rs.1 Lakh in reduction of the medical bill amount along with litigation cost of Rs.10,000/-.

The case therefore succeeds.

Hence it is ordered……..

That the case be and the same is allowed  on contest but without cost.

The O.P./Hospital Authority is directed to pay to the Complainant Rs.2 Lakh as compensation with litigation cost of Rs.10,000/- within one month from this date in default law will take its own course.

Both parties be supplied copy of this order free of cost.

 

 ____________________                _________________         

HON’BLE   PRESIDENT          HON’BLE MEMBER