For Refund of Rs. 1120, Patient’s Relative Filed a Rs. 150000 Case Against Hospital

For Rs.1120/-claim, case filed for Rs.1,50,000/- !. THANKS to the Court for dismissing the case…

Shri Anand Verdhan Maiterya, V/s. St. Stephen Hospital, New Delhi.

Case no.: F.A. No.13/2018

Judgment Link :

http://cms.nic.in/ncdrcusersWeb/GetPdf.do?method=getPdf&cid=8%2F0%2FA%2F13%2F2018&dtOfHearing=2018-02-06

Facts in Short :

1. The Complainant filed this Appeal against the Judgment of Delhi District Forum which dismissed his complaint.

2. The Complainant alleged that on 02/07/2016, he had visited along with his pregnant wife the Respondent Hospital. The wife was asked to undergo 2 tests viz. Foetal Echo and Sugar and for said tests, the Complainant deposited Rs.1470/- with the Hospital for both the tests. However, only Sugar Test was conducted and another Echo test was not done for want of the required facility and same was informed to the Complainant.

3. The treating Doctor wrote a note for the refund of Rs.1120/- on the backside of the Bill. It was alleged by the Complainant that in spite of repeated demands and a legal notice, the Hospital did not refund the said amount. Hence he filed a complaint in District Forum for claiming Rs.1120/- + Rs.1500/- towards notice charges and + Rs.1,50,000/- towards mental pain and agony!

4. On the receipt of the notice, the Hospital filed its Written statement and offered to pay Rs.2240/-. i.e. double the amount of refund, for settling the matter.

5. The District Forum awarded Rs.2240/- to the Complainant and refused other claims, hence the Appeal.

Held :

1. The State Forum upheld the decision of the District forum and rejected the appeal.

2. The State Forum rejected the allegation of the Complainant- Appellant that there was no intention of the Hospital to refund the amount.

3. The State Forum upheld the decision of District Forum of rejecting the prayer of compensation and litigation cost as the Consumer Forums are not meant to enrich the greedy consumers.

Consumer Court should impose costs upon complainants for frivolous litigation. Shouldn’t it? As entire court machinery is being used.

One can imagine for the refund of Rs.1120/- the Complainant how much complainant must have spent. It also teaches a lesson to Hospitals that Hospitals should clearly display its refund policy if any, in regional and English.

Thanks and regards

Adv. Rohit Erande

Pune.©