Chandigarh hospital fails to provide promised newborn photoshoot, forum asks to compensate

The sole grouse of the female patient was that despite paying for the premium maternity packages including gift hamper, room decoration and baby footprint along with baby photo-shoot and album, she was deprived of photo-shoot of special moment of her child in a decorated hospital room.

The patient had opted for premium package mentioned in the pamphlet provided by the hospital worth Rs 40,000 and paid a sum of Rs 4,000/- in advance before her delivery.

The patient was admitted to the hospital on April 30, 2021 for delivery and the same day the baby was born. She got discharged from the hospital on May 2, 2021.

At time of discharge, she was handed a bill worth Rs 42,730, however, the hospital failed to arrange the promised photoshoot.

The contents of the basic package availed by the patient were one day (NVD), Two days (LSCS) hospital stay in private room; Inj Epidural included; Birth Vaccination & Blood Group; Emergency LSCS charges included; Birth Vaccinations and blood group; Gift hamper (First Cry), Room decoration & baby footprint; Free pre & Post-Delivery Diet Session; Baby Photoshoot & Album; Baby Resuscitation Charges.

She contacted the hospital number of times, through mobile phone calls and also visited the hospital several times for the deficiency in the services at the time of delivery. However, they allegedly dilly dallied the matter on one pretext or the other.

She also sent a legal notice to the hospital but in vain. Alleging that the aforesaid acts amount to deficiency in service and unfair trade practice on the part of the hospital, she filed a complaint with the District Commission.

Notice of the complaint was sent to hospital seeking their version of the case. However, nobody appeared on their behalf despite service, therefore, they were proceeded ex-parte.

The commission observed that the non-appearance of the hospital showed that they had nothing to say in their defense against the allegations made by the complainant. Therefore, the assertions of the complainant go unrebutted and uncontroverted. It noted;

Consequently, allowing the complaint, the Commission noted;

"We are of the considered opinion that the complainant bought the premium maternity package because of the emotional attachment to the special occasion of birth of her first baby. But the act of hospital of not providing proper services, not paying attention to the repeated requests of the complainant during her stay in the hospital, not responding to the duly served legal notice and most importantly not appearing during the proceedings of the present case proves deficiency in service and indulgence in unfair trade practice."

It further noted;

"In view of the above discussion, the present consumer complaint succeeds and the same is accordingly partly allowed. OPs are directed as under:- (i) to pay an amount of ₹10,000/- to the complainant as compensation for causing mental agony and harassment to her; (ii) to pay ₹5,000/- to the complainant as costs of litigation."

To view the original order, click on the link below:

http://cms.nic.in/ncdrcusersWeb/GetJudgement.do?method=GetJudgement&caseidin=6/60/CC/723/2021&dtofhearing=2022-10-03