Case Law

Shri Anand Verdhan Maiterya, V/s. St. Stephen Hospital, New Delhi (F.A. No.13/2018)

FACTS:

The Complainant filed this Appeal against the Judgment of Delhi District Forum which dismissed his complaint. The Complainant alleged that on 2.07.2016, he had visited along with his pregnant wife the Respondent Hospital. The wife was asked to undergo 2 tests viz. Foetal Echo and Sugar and for said tests, the Complainant deposited Rs.1470/- with the Hospital for both the tests. However, only Sugar Test was conducted and another Echo test was not done for want of the required facility and the same was informed to the Complainant.

The treating Doctor wrote a note for the refund of Rs.1120/- on the backside of the Bill. It was alleged by the Complainant that in spite of repeated demands and a legal notice, the Hospital did not refund the said amount. Hence he filed a complaint in District Forum claiming Rs.1120/- + Rs.1500/- towards notice charges and + Rs.1,50,000/- towards mental pain and agony.

On the receipt of the notice, the Hospital filed its reply and offered to pay Rs.2240/-. i.e. double the amount of refund, for settling the matter. The District Forum awarded Rs.2240/- to the Complainant and refused other claims, hence the Appeal.

COURT HELD:

The State Forum upheld the decision of the District forum and rejected the appeal.

The State Forum rejected the allegation of the Complainant/Appellant that there was no intention of the Hospital to refund the amount. The State Forum upheld the decision of District Forum of rejecting the prayer of compensation and litigation cost holding that the Consumer Forums are not meant to enrich the greedy consumers.

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