The complainant Dr.Devinder Pal Bansal and Another (here-in-after referred to as complainants) have filed this complaint U/s 35 of Consumer Protection Act, 2019 (here-in after referred to as 'Act') before this Commission against The Civil Surgeon and others (here-in-after referred to as opposite parties).
Briefly stated, the case of the complainants is that the complainant No.1 is Retd. Medical Officer and got retired from C.H.C Bhagta Bhaika Distt Bathinda w.e.f 29.2.2016.
It is alleged that on 30.6.2016, suddenly, the complainant No.1 felt severe chest pain and got admitted at Max Health Care Super Specialty Hospital Bathinda with immediate effect for treatment. After due care and diagnosis done by the doctors, they concluded the diagnosis and told the family of complainant No.1 that he is suffering from Major Heart Attack i.e Chronic Heart Disease and they immidiately placed the stent in his body. Thereafter his treatment started under the care of Dr.Sharad Gupta, Global Health the Super Specialty Hospital Bathinda now Pulse Hospital Bathinda.
It is further alleged that even the wife of the complainant No.1 i.e Kiran Bansal, complainant No.2 also got left side Paralysis attack in the month of January 2019 and her treatment was also going on from Dr.Abhishek Nuerologist Bathinda. The complainant No.1 submitted their medical reimbursement bills to opposite party No.1 as under:- :
a) Rs.2280/- dated 08-05-2020 (Kiran Bansal)
b) Rs.5825/- dated 25-01-2020 (Kiran Bansal)
c) Rs.9777.60/- dated 10-09-2021 (Dr.Devinder Pal Bansal)
d) Rs. 6480/- dated 18-05-2021 (Dr.Devinder Pal Bansal)
e) Rs.10447/- dated 07-06-2021 (Kiran Bansal)
f) Rs.6250/- dated 24-08-2020 (Dr.Devinder Pal Bansal)
g) Rs.1340/- dated 24-08-2020 (Kiran Bansal)
h) Rs.3977/- dated 30-07-2020 (Kiran Bansal)
i) Rs.3992/- dated 30-07-2020 (Kiran Bansal)
j) Rs.4515/- dated 21-12-2020 (Kiran Bansal)
k) Rs.7545/- dated 10-12-2020 (Dr.Devinder Pal Bansal)
l) Rs.1130/- dated Dec 2019 (Kiran Bansal), but misplaced by opposite party No.1 office that had been resubmitted by the complainant on 27.1.2021
m) Rs.5960/- dated 08-03-2021 (Dr.Devinder Pal Bansal)
n) Rs.13077.04/- dated 08-03-2021 (Kiran Bansal)
o) Rs.5109/- dated 18-01-2022 (Kiran Bansal)
p) Rs.6330/- dated 10-01-2022 (Dr.Devinder Pal Bansal)
q) Rs.4821.6/- dated 04-04-2022 (Kiran Bansal)
It is alleged that the complainant repeatedly approached the offices of opposite parties personally as well as telephonic calls, but to no effect. Even opposite party No.1 assured the complainants that the entire bills will be cleared upto 31st March 2022. But, no positive action had been taken upon the claim of the complainants after the passage of 31st March 2022. The complainants had sent legal notice through his counsel, but to no effect.
On this backdrop of facts, the complainant has prayed for directions to opposite parties to reimburse the entire amount of claim of Rs.98,856.24/- alongwith interest @18% p.a. w.e.f the date of deposition of bills till its realization or to clear the medical bill of the person/public on the basis of first-cum-first serve basis and not to adopt the practice of pick and choose and to pay Rs.1 lakh as compensation and Rs.20,000/- as litigation expenses.
Upon notice, opposite parties appeared through counsel and contested the complaint by filing written version and raising legal objections that the complainants do not fall under the definition of consumers of opposite parties. The complaint of the complainants is not maintainable. It is bad for non-joinder and mis-joinder of necessary parties. Opposite party Nos.2 and 3 have been unnecessarily dragged in this false litigation and no claim has been sought against opposite party Nos.2 and 3 whereas Dirtrict Treasury Officer by whom the payment is to be made has not been impleaded as party. As such, the complaint is liable to be dismissed.
On merits, opposite parties have pleaded that none of the complainants approached them, as such, the question of giving assurance of clearance of bills upto 31.3.2022 does not arise. The complainants concocted a story in the corresponding para of the complaint. No such notice has ever been received in the office of opposite parties. The bills of complainants for Rs.16,127/- for the period from 4.4.2021 to 17.5.2021 and 6.3.2021 to 4.6.2021, bill for Rs.6330/- for the period from 8.9.2021 to 4.1.2022, bill for Rs.6260/- for the period from 17.5.2021 to 8.9.2021, bill for 8972/- for the period from 23.6.2021 to 3.10.2021 and bill for Rs.45,407/- for the period from 6.5.2020 to 18.7.2020, 28.12.2019 to 30.12.2019, 8.5.2020 to 12.5.2020, 10.6.2020 to 17.7.2020, 3.9.2020 to 17.10.2020, 19.8.2020 to 8.12.2020, 5.1.2021 to 6.2.2021, 19.12.2020 to 18.2.2021 have been cleared and have been sent to the Accountant General, Punjab Chandigarh as well as District Treasury Officer, Bathinda. Opposite party No.1 is performing its duty honestly and dedicatedly and is clearing all the bills pending before it. The delay, if any, occurred due to process of channel. In further written version, opposite party No.1 has reiterated its version as taken in the legal objections as detailed above and controverted all other averments of the complainants and prayed for dismissal of complaint.
In support of their complaint, the complainants have tendered into evidence affidavit of complainant No.1 dated 12.5.2022, (Ex.C1) and documents, (Ex.C2 to Ex.C23).
In order to rebut the evidence of complainants, opposite parties have tendered into evidence affidavit of Dr.Anupma Sharma dated 13.7.2022, (Ex.OP 1/1) and documents, (Ex.OP1/2 to Ex.OP 1/7).
We have heard learned counsel for the parties and gone through the file carefully.
Learned counsel for parties have reiterated their stand as taken in their respective pleadings as detailed above.
We have given careful consideration to these submissions.
Counsel for complainant has suffered statement to the effect that the complainants have received payment of all the medical bills in question pending with opposite parties during the pendency of complaint.
Now, dispute between the parties is that the complainants have timely submitted the medical bills after their treatment with opposite parties, but they did not pass the medical bills of the complainants in time and it is well proved on record that the complainants had submitted the medical bills to opposite parties for the the period from 2020 to 2022, but opposite parties did not pass the medical bills of the complainants timely. Due to this, under compelled circumstances, the complainants have to file this complaint and later on, during the pendency of this complaint, opposite parties have passed the medical bills of the complainants and made the payment of these bills with long delay. It is thus proved that opposite parties rendered deficient services towards the complainants for which they are entitled for due compensation for harassment suffered and for indulging them in this avoidable litigation.
In view of what has been discussed above, present complaint is partly allowed with Rs.3000/- as cost and compensation against opposite parties.
The compliance of this order be made within 45 days from the date of receipt of copy of this order.
In case of non-compliance of the order within the stipulated period, thereafter opposite parties will be liable to pay additional cost of Rs.1000/- to the complainant.
The complaint could not be decided within the statutory period due to heavy pendency of cases.
Copy of order be sent to the parties concerned free of cost and file be consigned to the record room.
Announced
05-06-2024
- (Priti Malhotra)
President
(Sharda Attri)
Member
