IN THE DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION, KOLLAM
C.C.No. 129/2023
PRESENT
SMT. S.K.SREELA, B.A.L, LL.B, PRESIDENT
SRI. STANLY HAROLD, B.A.LL.B, MEMBER
ORDER DATED: 30.10.2024
BETWEEN
Dr.N.Bahuleyan, DHM,
Reg.No.25284,
BA, LLB(Member of Indian Council of Air Medicines),
PG Diploma in Personnel Management
Retd.G.O.M of D,
Residence address-Pazhaniyil
Puthen Veedu, South Monkuzhi,
Pullikkanakku P.O., Mavelikkara,
Alappuzha. : Complainant
AND
- Addl.Director General,
CGHS Vanchiyoor, Wellness Centre,
Thiruvananthapuram 695 004.
- The Secretary & Director General
CGHS, Directorate of CGHS, Sector 13, R.K. Puram,
New Delhi 1100 22. : Opposite parties
ORDER
Stanly Harold, B.A.LLB, Member
This complaint is filed U/s 35 of the Consumer Protection Act 2019.
The brief facts of the complaint are as follows: - The complainant is a senior citizen and widower, living alone in his residence. He has no one to assist him with his daily routines. The complainant is a beneficiary of the Central Government Health Scheme (CGHS) for Defence Civilian Employees. He paid an amount of Rs. 48,000 to receive the benefits provided under this scheme, which is managed by the Director General in New Delhi and Additional Director Generals at various locations. The complainant holds a beneficiary card with the number 3697975. The scheme offers various types of medical services, including ENT specialists. The complainant approached the CGHS office in Thiruvananthapuram for treatment related to his ear. He was subsequently referred to the National Institute of Speech and Hearing (NISH), where he underwent several hearing tests. Based on these tests, it was recommended that he purchase a hearing aid for his right ear. He received an invoice for Rs. 27,500 from NISH, which included a discount of Rs. 10,450, making the final amount Rs. 17,050. The payment covered both the hearing aid and the battery, and the treatment was done on 04.04.2022.
The complainant was shocked to find that the CGHS had only provided Rs. 8,000 on 22.05.2022 without informing him. Subsequently, the complainant sent a letter to CGHS requesting clearance of payment on 07.07.2022. Despite repeated calls that went unanswered by anyone in the CGHS office, the complainant eventually made a personal effort to contact someone working at CGHS. The aforementioned NISH in Thiruvananthapuram is an Accredited Establishment recognized by RCS as well as NAAC and is a charitable institute. It is important to note that the price of the hearing aid is between Rs. 10,000 and Rs. 15,000, which is significantly lower than what private concerns charge. The complainant has also contacted private parties in this field, who are asking for Rs. 30,000 to Rs. 35,000 for a similar type of instrument. Additionally, the complainant visited JK Hearing Clinic in Karunagappally on 17.11.2021, where they conducted various tests for the hearing aid and quoted Rs. 24,990. The first and second opposite parties have a bounden duty to provide the service by granting the full payment to the complainant. This is a clear case of deficiency in service, as the opposite parties are deceiving the beneficiary/complainant by denying full payment. Hence, the complaint.
In this complaint, the first opposite party entered an appearance and requested time to file their version. However, the statutory period had expired, and thus the first opposite party was set ex parte. Despite service of notice, the second opposite party failed to appear before the Commission and did not make any effort to file a version. Consequently, the second opposite party was also set ex parte.
The complainant filed an affidavit and was examined as PW1, marking Exhibits P1 to P17. Exhibit P1 is the receipt dated 17.11.2021 issued by JK Hearing Clinic, Karunagappally. Exhibit P2 is the OP card issued by NISH, Thiruvananthapuram. Exhibit P3 is the letter sent to the Additional Director of CGHS, Kesavadasapuram, dated 23.08.2022. Exhibit P4 is the letter sent to the Additional Director of CGHS, Thiruvananthapuram. Exhibit P5 is the medical reimbursement claim form produced by the complainant. Exhibit P6 is the permission letter for the hearing aid. Exhibit P7 is the description note issued by the NISH Medical Division. Exhibit P8 is the invoice dated 04.04.2022 issued by NISH Employees Credit Co-operative Society, Thiruvananthapuram. Exhibit P9 is another invoice dated 04.04.2022 issued by NISH Employees Credit Co-operative Society, Thiruvananthapuram. Exhibit P10 is the reference letter issued by CGHS, Thiruvananthapuram. Exhibit P11 is the estimate of the hearing aid issued by NISH Employees Credit Co-operative Society, Thiruvananthapuram, dated 18.02.2022. Exhibit P12 is the certificate issued by NISH Institute of Speech and Hearing. Exhibit P13 contains the details of the audiology conducted at NISH. Exhibit P14 is the hearing assessment performed at NISH. Exhibit P15 is the description of the hearing aid. Exhibit P16 is another invoice dated 04.04.2022 issued by NISH Employees Credit Co-operative Society, Thiruvananthapuram. Exhibit P17 is the referral slip issued by Klear Speech and Hearing Centre, Pettah, Thiruvananthapuram.
Based on the uncontroverted testimony of the complainant and the supporting documents marked as Exhibits P1 to P17, it is evident that the complainant has presented sufficient evidence to substantiate his case and justify the relief he is seeking. The complainant's purchase of the hearing aid, including the battery, from the opposite party was made based on their oral assurance. The complainant approached the opposite parties due to the ailments affecting his ear. He visited JK Hearing Clinic in Karunagappally, Kollam, where he underwent various tests, and a graph was taken. They suggested he use a hearing aid costing Rs. 24,990. The amount quoted by JK Hearing Centre was substantial, so the complainant decided to approach CGHS, Thiruvananthapuram, where he was a beneficiary. They referred the complainant’s case to the National Institute of Speech and Hearing (NISH). At NISH, various tests were conducted, and they provided a quotation of Rs. 27,500. Consequently, NISH submitted a bill for Rs. 17,230 to the CGHS Wellness Centre in Vanchiyoor. However, the CGHS only provided Rs. 8,000 to the complainant. Following this, the complainant made several requests for a refund of the remaining amount of Rs. 9,230, but the CGHS failed to respond.
Ear is a vital organ of a human being. Any ailment affecting it can significantly impact a person's quality of life. Many people rely on hearing aids for support, and the complainant approached the opposite parties in a similar manner. However, he was not provided the proper amount by the National Government Health Service Wellness Centre for the hearing aid. The complainant, a senior citizen, sought the refund of the balance amount for his hearing aid from the opposite parties, but they evaded providing the appropriate compensation. In good faith, the complainant approached the Central Government Health Service as a beneficiary, trusting that he would receive better treatment at a discounted rate. However, the opposite party denied him the full amount for the hearing aid. It is pertinent to note that Exhibits P1, P11, P13, P14, P15, and P16 relate to the hearing ailments and procedures undergone by the complainant. After all these evaluations, the complainant purchased the hearing aid from the opposite parties, but they failed to provide an appropriate remedy for his grievance.
After evaluating all the available materials on record, it is clear that the opposite parties failed to fulfill their obligations at the time of the purchase of the hearing aid. This non-fulfillment constitutes a deficiency in service, thereby validating the merits of the complaint. Therefore, based on the present evidence, it can be concluded that the complainant has successfully established his case and is entitled to the relief sought. Although the first opposite party filed a vakalat before the Commission, they did not file a version, and the second opposite party was set ex parte. The affidavit filed by the complainant remains unchallenged as the opposite parties remained absent without challenging the complaint.
In the result, the complaint is allowed. The opposite parties are directed to pay the balance amount of Rs. 9,230, along with compensation of Rs. 10,000, and Rs. 5,000 as costs of the proceedings. The first and second opposite parties are directed to comply with these directives within 45 days from the date of receipt of this order; failing which, the entire amount ordered shall carry interest at the rate of 12% per annum from the date of the order until realisation.
Dictated to the Confidential Assistant Smt. Minimol S. transcribed and typed by her corrected by me and pronounced in the Open Commission this the 30th day of October 2024. Sd/-
STANLY HAROLD
MEMBER
Sd/-
S.K.SREELA
PRESIDENT
Forwarded/by Order
Senior superintendent
INDEX
Witnesses Examined for the Complainant:-Nil
Document marked for the complainant
Ext.P1 : Receipt dated 17.11.2021 issued by JK Hearing Clinic, Karunagappally.
Ext.P2 : OP card issued by NISH, Thiruvananthapuram.
Ext.P3 : Letter sent to the Additional Director of CGHS, Kesavadasapuram, dated 23.08.2022.
Ext.P4 : Letter sent to the Additional Director of CGHS, Thiruvananthapuram.
Ext.P5 : Medical reimbursement claim form produced by the complainant
Ext.P6 : Permission letter for the hearing aid
Ext.P7 : Description note issued by the NISH Medical Division.
Ext.P8 : Invoice dated 04.04.2022 issued by NISH Employees Credit Co-operative Society,
Thiruvananthapuram
Ext.P9 : Invoice dated 04.04.2022 issued by NISH Employees Credit Co-operative Society,
Thiruvananthapuram
Ext.P10 : Reference letter issued by CGHS, Thiruvananthapuram
Ext.P11 : Estimate
Ext.P12 : Certificate issued by NISH Institute of Speech and Hearing.
Ext.P13 : Details of the audiology conducted at NISH
Ext.P14 : Hearing assessment performed at NISH.
Ext.P15 : Description of the hearing aid
Ext.P16 : Invoice
Ext.P17 :Referral slip issued by Klear Speech and Hearing Centre, Pettah, Thiruvananthapuram
Witnesses Examined for the opposite parties:-Nil
Documents marked for opposite parties:-Nil
Sd/-
PRESIDENT
