This came after one of the patients who received treatment for cardiac problems in a private facility sought the direction of the Consumer Forum to acquire detailed information about his medical bills.
The patient submitted that he received treatment at Chandan Hospital in May 2017 for cardiac problems. He alleged that he went to the hospital on 19.05.2017 and was admitted on the same day. He informed the hospital that he has a valid insurance policy for his medical treatment. However, the hospital stated that their hospital is not empanelled with the insurance company.
The patient paid rupees Rs 1.50 lakh for his treatment in total. The patient alleged that despite his several requests to the hospital and even after service of legal notice through an Advocate, the hospital did not provide the bills for which the patient had already paid the money through various modes. Due to the non-supply Commission of bills, the patient could not avail any reimbursement from the insurance company.
The court observed that the hospital and its authority have chosen to remain ex-parte and were proceeded against ex-parte vide order dated 13.08.2019 of this Commission. Complaint against OP No.3 was not admitted vide order dated 29.05.2019 of this Commission. Further, there was no explanation why the hospital and its Chairman chose to remain ex-parte and have not come forward to contest the claim of the CC.
"We feel,that the complainant is successful in proving his allegations against the OP No.1 and 2," the court noted.
After considering the submission of the petitioner, the Commission stated that "since the entire evidence of the complainant is on the file and the hospital and its Chairman are already ex-parte, we feel that no prejudice is going to be caused to any of the parties if the present complaint is decided on merits. Otherwise also the present Consumer Protection Act is a Special Act that is enacted to provide speedy justice to the parties."
The Commission observed,
"As per the new Consumer Protection Act, 2019 rights of consumers are very carefully protected. Moreover, the Consumer Protection Act is a beneficial legislature intended to protect the fundamental and natural rights of the consumers. We feel, that it was a fundamental and natural right of the CC to get bills and details of medical treatment. To our mind, OP No.1 and 2 can never be permitted to withhold the medical treatment details as well as bills from its consumer "the CC". The cases before the Consumer Commissions are of summary nature and the Consumer Commissions are supposed to decide the matters in a summary way by appreciating the contents of the complaint as well as documents attached with the complaint."Hence, the commission instructed the hospital to handover all medical bills as well as treatment charts and the bills of the medicines to the patient within 30 days from the date of receipt of a free certified copy of this order.
The court further added,
Since the oppositions have unnecessarily caused harassment to the complainant, who is a heart patient, it is ordered that OP No.1 and 2 will also compensate him with consolidated amount of compensation to the tune of Rs.25,000/- (Rs. Twenty Five Thousand only) for mental harassment and litigation expenses. OP No.1 and 2 are further directed to pay this compensation within 30 days from the receipt of free certified copy of this order and submit the receipt before this Commission, failing which the CC will be entitled to interest @ 12% per annum. Certified copies of this order be sent to the parties free of cost as per rules. The file be indexed and consigned to the record room.
To access the official judgment click on the following link-
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