NEHRU Vs. STATE

JUDGEMENT

(1.) This writ petition has been filed by one Nehru of Sonaiyar Colony, Raja Mill Road, Madurai. He was afflicted with severe fever and head ache on 07.07.2020. His wife Vasuki also suffered the very same affliction. The couple went to NTC hospital run by Dr.K.Rajkumar on the same day. The case of the petitioner is that the medical officer of the said hospital told them that they are probably suffering from COVID-19 infection and that unless they made a payment of Rs.8 Lakhs, they will not be admitted. The petitioner states that on account of the panic caused by the pandemic, he coughed up the amount of Rs.8 Lakhs.

(2.) The learned counsel for the petitioner would state that the petitioner paid a sum of Rs.5 Lakhs in cash and the balance amount was paid through his son-in-law's credit card. The payment was said to have been made to one Joseph, the cashier of the hospital. The petitioners were admitted in the hospital and on 08.07.2020, that is the next day, a swab test was conducted on him and his wife. The results were negative and on 10.07.2020, the petitioner and his wife were discharged from the hospital. The petitioner states that they were given bills only for a sum of Rs.65,840/- each. The petitioner was refunded only a sum of Rs.1,05,000/-. When the petitioner asked for payment of the balance amount, the hospital management took the stand that there will not be any further refund.

(3.) The petitioner thereupon sent a legal notice dated 05.08.2020. The petitioner also sent representation dated 05.08.2020 to various authorities. Since the efforts taken by the petitioner to obtain refund did not bear fruit, the petitioner filed this writ petition for directing the authorities to take action against the fifth respondent hospital.