The Discount in Bill and proper documentation absolved the Hospital from allegations of Unfair Trade Practice.

The Discount in Bill and  proper documentation  absolved the Hospital from allegations of Unfair Trade Practice whereby Hospital allegedly did not allow the patient to leave the till he cleared the alleged Bill amount. 

Case Details :
R.P. No.2359/2017

NH MMI NARAYANA MULTI SPECIALTY HOSPITAL, RAIPUR
CHATTISGARH V/s. CHAMPA LAL BAID

Decided on 24/10/2018, by Dr. S.M. Kantikar , the Presiding Member and Mr. Dinesh Singh, member.
Judgment Link :
http://cms.nic.in/ncdrcusersWeb/GetJudgement.do?method=GetJudgement&caseidin=0%2F0%2FRP%2F2359%2F2017&dtofhearing=2018-10-24

Facts in short :
1. The Complaint underwent balloon-angioplasty. There was no Medical Negligence. But the Complaint was filed by the Complainant-Respondent Mr. Baid on the ground that he was not allowed to leave the Hospital till the time he cleared the Hospital Bill of Rs.50,000/-, which otherwise he was not liable to pay and the hospital did not issue any receipts for the same inspite repeated demands.

2. The Hospital filed the present revision petition against the order of State Forum of Chhatisgarh which confirmed the order of District Forum of directing the Hospital to pay Rs.50,000/- alongwith interest @ 9% plus Rs.20,000/- towards mental agony compensation and Rs.2000/- towards Advocate fees. The Hospital was held liable for practicing Unfair Trade Practice of charging in excess and not issuing receipt thereof. That was the moot question before National Commission.

Held :
1. After perusing the documents and after hearing of the parties on merits, the National Forum allowed the revision petition filed by the Hospital thereby dismissing the compliant.

2. It was observed by the National Commission that the amount of Rs.50,000/-  was properly explained in the Bill and there was no ill-intention on part of Hospital. It was observed that there was complete transparency with regard to amounts received and valid receipts were issued. 

3. It was also observed that the Hospital gave a discount of Rs.37,767/- and thus the Hospital cannot be held to be guilty of practicing unfair trade practice. Thus there was grave error committed by lower forums in allowing the compliant. 

This is indeed a distinctive case. The Hospital was dragged to the National Commission on the allegation of charging Rs.50,000/- in excess. There were no allegations of Medical Negligence. Yet again, it was the proper documentation and record keeping that helped the Hospital. The hospital also gave discount to the patient and therefore the Commission appreciated the Transferency maintained by the Hospital.

Thanks and Regards,

Adv. Rohit Erande
Pune.© 

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