Counsels:-
- For the Complainants :- Sri. A.K. Sahoo & Associates
- For the O.P. :- Sri. A.K. Panda & Associates
Date of Filing:27.03.2023,Date of Hearing :18.09.2023, Date of Judgement : 30.10.2023
Presented by Dr. Ramakanta Satapathy, PRESIDENT
- The case of the Complainant is that on 19.01.2023 the Complainant visited the O.P. hospital for health check up of the eye and deposited Rs. 200/- vide M.R. No. 0222333445 dated 19.01.2023. The doctor on the same day suggested for left eye cataract operation. The Counselling staff suggested for certain tests and provided paper containing eye operation package price which does not contain the details. The staff of the O.P. not intimated the cost of lens but provided brand name as “Alcon”. After tests Rs. 600/- was paid vide M.R. No. 0222333527 dated 19.01.2023. Towards blood test Rs. 540/- was deposited vide MR No. 0222333572 dated 20.01.2023. The eye operation was fixed on 24.01.2023 at Jamadarpali Hospital at about 9.00 A.M. On 24.001.2023 in Jama dar pali PHACO IMP PHOB ASB ACRY HCN Y ONLE made, the Complainant deposited Rs. 36,000/- vide receipt No. P 87-556 dated 24.01.2023. The Complainant was not allowed/allotted any room but allowed to sit in a hall and one sister came and put eye drops in left eyes two times. The Complainant sat three two hours. After two hours one sister examined the eye and proceeded to another room, put eye drops in 10 minutes interval for thirty minutes. Thereafter one sister put gel and told the operation shall be made without giving anesthesia. After five minutes the Complainant went to O.T. room and waited for 20 to 30 minutes in the O.T. room. O.T. bed cover not changes after discharge of one person by hospital OT staff.
Left eye of the Complainant was operated as per PHACO. After operation the Complainant was advised to go home in own arrangement and to visit hospital at Budharaja on 25.01.2023 at 2.00P.M. The Complainant was harassed. The O.P. not provided any room and proper services which amount deficiency in service.
On 25.01.2023 the Complainant visited the Budharaja Hospital and staff told to go to first floor where general patients get checked up. After discussion the Complainant was sent to 2nd floor. After check up when Complainant demanded final bill, discharge certificate and other documents the O.P. staff provided the final bill of Rs. 36,000/- along with some documents of Complainant dated 25.01.2023. No proper bill was provided.
The O.P. charged Rs. 500/- to-wards diagnostic fees, but Rs. 600+Rs. 540/-= Rs. 1140/- was collected vide M.R. No. P-87556 Receipt No. 0222333572 dated 20.01.2023 to-wards diagnostics fees. Without any diagnosis the O.P. has collected Rs. 500/- in final bill. Towards eye diagnostic Rs. 600/- collected but Rs. 500/- shown in final bill.
The O.P. has charged Rs. 1500/- to-wards Anaesthesia and theatre charges but no any anesthesia injection was given, only put 3 to 4 times eye drop and once gel before operation.
The O.P. has charged Rs. 750/- to-wards room rent and shown room No. DC 159 to the Complainant. Rs. 1000/- nursing charges taken although no room was provided without any stay in hospital the O.P. collected Rs. 1750/- from the Complainant.
In Sl. No. 1,2,5,6, & 8 of the final bill the O.P. has taken amount of Rs. 500/-, Rs. 1500/-, Rs. 1000/-, Rs. 21,500/- and Rs. 750/- respectively which indicate excessive. No proper bill was also provided and has taken excess amount. The declared cost of operation was Rs. 40,000/- and in case of deposit before operation it is Rs. 36,000/-. The O.Ps are deficient in their service, by unfair means collected money and harassed the Complainant. Hence this case.
- The O.P. in its reply submitted that the O.P. is not negligent nor deficient in its service. The Complainant not come to Commission with clean hand. The Complainant has not submitted all records, material facts before the Commission. The complaint is bad for non-joinder of necessary party. The National Insurance Co. Ltd. has not made party although policy No. 240400492210000018 effective from 23.09.2022 to 22.09.2023 exists for making third party payment. The patient underwent phaco-emulsification with clarion IOL under topical and intracameral anaesthesia in left eye on 24.01.2023. Service rendered are not sub-standard. The complaint is not supported by any expert medical witness. There is no any unfair trade practice. Exact price of the lens and brand was informed to the patient in writing. The price changes given are proper. The O.P. is not able to pay anything to the Complainant.
- Perused the documents filed by the complainant. The O.P. has not filed any documents.
- M.R. No. P-87556-0222333445 dated 19.01.2023 for Rs. 200/-.
- M.R. No. P-87556-0222333527 dated 19.01.2023 for Rs. 600/-.
- Test Report
- M.R. No. P-87556-0222333572 dated 20.01.2023 for Rs. 540/-.
- Cash Receipt No. 1381 dated 24.01.2023 for Rs, 36,000/-.
- Patient lens implant card “Alcon” No. 3000036388.
- Clinic Discharge Summary dated 25.01.2023.
- Final Bill TN/404 dated 25.01.2023 for Rs. 36,000/-.
- From the statement of the parties and documents filed it reveals that this case is not coming under medical negligence, whereas the pleading and citations of the O.P. is relating to medical negligence. In reality, this case is alleging deficiency in service, unfair trade practice and general negligence of the O.P. not medical negligence. The O.P. in its version submitted that the payment receipts are not denied.
- The allegation of the Complainant is relating to intem No. 1 of the final bill.
Diagnostic fees Rs. 500.00 was collected in final bill whereas the O.P. has collected Rs. 600+Rs. 540/-=Rs. 1140/- vide MR No. P 87556-0222333527 dated 19.01.2023 and MR No. 0222333572 dated 20.01.2023 respectively. Once the diagnosis was made, payment taken by O.P. second time why Rs. 1140/- was taken, it is not explained by the O.P.
Relating No item No. 2 of the final bill to-wards anaesthesia and theatre charges Rs. 1500/- was taken. The O.P. has explained the local anaesthesia has not been administered rather a new technique like intracameral anaesthesia was administered and Rs. 1500/- charges was taken including theatre charges. The allegation of the Complainant is not acceptable as the O.P. explained why the charges was taken.
The Complainant raised question on point of nurshing charges of Rs. 1000/-. It is the admission of the Complainant that the nurses came several time, administered eye drops etc. A hospital is run with the assistance of the nurses and the salary is met out of the charges taken from the Complainant is not acceptable as there is no any complaint regarding nursing.
The item No.6 in the final bill shows charges of Rs. 21,500/-. The implant card No. 300036388 Alcon Company contained the name of the Company Alcon laboratories, Inc 6201, Taxas-76134-2099 USA. The cover does not contain the manufacturing date, batch number, standard mark and price. The O.P. used the said brand of product is not denied. The Complainant also not made the manufacture as a party. Eye is vital organ of the body and not only in this case, the O.P. might have used the product for the patients but never raised any question to the manufacturer about the price and specifications discussed supra. The patient are kept in darkness about the purchase price. The O.P. has not submitted any purchase voucher to ascertain the price of the product. The Complainant has rightly alleged about the price of the product but the O.P. failed to show the actual price of the product. It is not only suppression of material facts but also unethical in business practice. It amounts to unfair trade practice and suppression of material facts. The Consumer has every right to know the actual price of the product.
Relating to point No.8 of the final bill “Room rent” Rs. 750/- has been charged from the complainant. The statement of the Complainant is that on 24.01.2023 he was admitted in hospital and on the same day he was discharged and narrated how he moved 12Kms from Jamadarpali to Budharaja and his house. On 25.01.2023 the patient again consulted the doctor and got the final bill. The O.P. has not raised any objection on this point whereas in discharge slip mentioned that the patient was discharged on 25.01.2023. This clearly proves that Room No. DC 159 was not allotted to the complainant but in discharge summary shown allotment of room No. DC-159. When no room is allotted a question arises Rs. 750/- room rent charges how it was taken by the O.P. from the Complainant. It proves the unethical practice of the O.P. The quotation supplied shows charges of Rs. 40,000/- whereas Rs. 36,000/- has been collected and some charges twice from the Complainant which is illegal, unjustified and amounts to unfair trade practice.
From the Supra discussion it is clear that the following charges have been collected from the Complainant double and illegally,
- Diagnosis charges Rs. 1140.00
- Room rent Rs. 750.00
- IOL Cost Rs. 21,500.00
Total Rs. 23,390.00
and the O.P. is liable to refund the amount to the Complainant.
Accordingly, it is ordered:
ORDER
The complaint is allowed on contest against the O.P. partly. The O.P. is directed to refund Rs. 23,390/- to the Complainant within one month of this order failing which the amount will carry 12% interest P.A. w.e.f. 25.01.2023 till realisation. For deficiency in service and unfair trade practice the O.P. directed to pay compensation of Rs. 1,00,000/- and litigation expenses of Rs. 10,000/-.
Further the O.P. is directed to use medical equipments/implants/products from standard companies as specified earlier having brand name, price, manufacturing date etc.
Order pronounced in the open court on this 30th day of October, 2023
Supply free copies to the parties.
