MANISH AGARWAL Vs. ADMINISTRATOR KAMLA NEHRU MEMORIAL HOSPITAL

JUDGEMENT

(1.) This complaint has been filed by Manish Agarwal against the Administrator, Kamla Nehru Memorial Hospital, Allahabad. The complainant, in the complaint, has prayed for a compensation of Rs.10,00,000/- on account of mental torture, physical strain, etc.

(2.) The facts of the case in brief are that the complainant's wife, Smt. Ranjana Agarwal, was admitted to Kamla Nehru Memorial Hospital, Allahabad on 8.9.1994. It was the case of first delivery. A sum of Rs.800/- was also deposited towards expenses. On 9.9.1994 normal delivery took place at about 8.40 a. m. After delivery the Nurse handed over a female baby to Smt. Asha Agarwal, mother of the complainant, after taking her signature about the delivery of the child. The complainant's wife remained in the hospital from 8.9.1994 to 12.9.1994 and was discharged on 13.9.1994 in the forenoon. A sum of Rs.500/- was also paid at that time. The complainant was told at the time of obtaining the bill of the above amount that this amount is being charged on account of providing phototherapy service. This fact was wrong as this service charge is not levied when a normal child is born. This charge may kindly be got refunded and the birth certificate be given to the complainant as it was not given to the complainant after 2/3 days as promised by the hospital Authorities. When the complainant went to take the birth certificate and the amount on 16.9.1994 he was given a discharge card and a computerized birth certificate dated 13.9.1994 but the complainant was not given the amount which was charged from him on account of phototherapy.

(3.) When the complainant came to his residence and perused the documents given to him he found to his utter surprise that on 9.9.1994 a male child was delivered while a daughter was handed over to her. The complainant again visited the hospital in order to enquire into the fact but found that in all the papers of the hospital manipulation was done. Originally a male child was born to complainant's wife on 9.9.1994 but wrong entry has been made and the signatures have been wrongly obtained on the writing that a female child was born. These birth certificates etc. were taken back by the hospital staff. It is further alleged that after some time the complainant tried to take all the documents from the hospital Authorities which were forcibly taken from him but the staff did not hand over the certificates and behaved very rudely.