#ciruitbenchatmadurai

[seemabhatnagar]

State Commission of Tamil Nadu held forcing patient to buy medicine from their Hospital is unfair Trade Practice

Before the Circuit Bench the Tamil Nadu State Consumer Disputes Redressal Commission, Madurai

V. Mythili v. Joseph Hospital & Dr. Agnes

Consumer Complaint No.44/2012

Heard by Presiding Judicial Member Thiru S Karuppiah,

Facts:

The complainant, Mythili filed this complaint through her sister’s husband, Mr. Balasubramaniam her power of attorney holder.  Complainant approached Joseph Hospital at Pallayamkottai, for treatment of hysterectomy she was admitted on 10.04.20120 & operated on 12.04.20120 and the operation went on uneventful as such she had to stay in the hospital as inpatient till 22.04.2010.

It was informed to the hospital and to the Dr. that her sister also her attendant Kalyani was having the same blood group as that of the complainant. Still the hospital forced the attendant, Kalyani to purchase blood bottle for Rs.1100/- from blood bank.

During the transmission of blood and after the blood transmission the complainant developed some complications and she was immediately brought to Intensive Care Unit and treated with medicines.

The complainant and her attendant were forced to purchase medicines only from the hospital’s pharmacy and they were not allowed to purchase medicines from outside pharmacy.

The complainant’s attendant were ill-treated when she purchased medicines from outside.

The Doctor and the Hospital directed the complainant and her attendants to purchase the medicines in large quantity without assigning any reason. To their surprise the hospital’s pharmacy charged more than the Maximum Retail Price.

As such Complain were forced to file the complaint for forcing them to buy medicines in large quantity and that to over and above the Maximum Retail Price amounting to deficiency in service and unfair trade practice.

Prayer:

Hospital be directed to refund the value of the medicines and also to furnish the medical records such as history of treatment, discharge summary.

Direction to pay a compensation of Rs.3,00,000/- for mental agony and pain suffered by the complainant. and another sum of Rs.18,00,000/-as compensation payable to the Tamil Nadu State Consumer Welfare Fund for financial loss or injury suffered by the large number of patients.

Submission of Hospital:

There is no deficiency in service and the hospital has not indulged in any unfair trade practice.

In fact, the complainant suffered from very huge fibroids, other doctors were not willing to treat her, she was referred to this hospital and because of the efficiency of the doctors herein the problem has been rectified and surgery was done successfully.

The medicines were purchased and kept by the hospital only for the patient’s welfare and as for keeping those medicines it costs more.

As such Complaint is liable for dismissal.

Issue before the Forum

Whether the opposite parties have committed any deficiency in service and indulged in any Unfair Trade Practice?

Observation of the Forum

The opposite party’s denial is not specific with regard to each allegation rather it is very general in nature.

In their written statement Hospital has given an evasive reply to the allegation of the Complainant that despite her sister was having the same blood group, her attendant sister was forced to buy blood from the blood bank.

No response was submitted by the hospital the necessity for purchasing blood from outside.

No medical history and treatment particulars were produced by the Hospital in their reply.

Operation theatre notes were also not produced.

When the complainant alleged that she was forced to buy a large quantity of medicines than required but there is no proper and specific denial in the pleadings filed by the opposite parties.

The complainant has given elaborate tabular column with regard to the quantity of medicines purchased by her in her complaint, but there is no whisper about those particulars.

The complainant gave very elaborate particulars what was the price bought by her and what was the MRP for the above medicines. To this Hospital replied the medicines were kept for the use of inpatients and hence it costs more.

More so, the power of attorney holder of the complainant sent a complaint to the Drug Inspector and Revenue Inspector as well. The hospital was inspected and irregularities in keeping and selling the medicines were found violating the provisions of Drugs and Cosmetics Act, 1940.

Later, hospital filed additional affidavit contending that the power of attorney is not a competent person to depose the complainant’s facts which was in exclusive knowledge of the complainant.

Whereas, the complainant in her power of attorney has clearly stated that power of attorney holder is his brother-in-law and is personally aware of all the facts. So, this attempt of the hospital to escape from the liability also failed.

Complainant’s facts were supported by the documentary evidence.

However, the patient was cured by the Hospital. There is no proof for ill-treatment.

But forcing the patient to buy medicines than required and charging more amount than MRP certainly amounted to unfair trade practice.

Order

Commission found that the Doctors and the hospital have committed deficiency in service as well as were indulged in unfair trade practice.

This Commission directed the opposite parties jointly and severally to pay Rs.1,00,000/- to the Tamil Nadu State Consumer Welfare Fund.

Pay another sum of Rs.1,00,000/- to the complainant as compensation for extra amount charged & for mental agony suffered by her within one month from the date of receipt of copy of this order.

The opposite parties were also directed jointly and severally to pay the complainant a sum of Rs.10,000/- as costs.

Seema Bhatnagar