NAGARMAL MODI SEVA SADAN Vs. SHIV NATH PANDEY

JUDGEMENT

(1.) Delay condoned.

(2.) By way of present revision petition, there is challenge to the impugned order dated 14.6.2006 passed Jharkhand State Consumer Disputes Redressal Commission, Ranchi (for short 'State Commission') by which petitioner's appeal challenging order dated 23.9.2005, passed by District Consumer Disputes Redressal Forum, Ranchi, was dismissed with cost of Rs. 5,000/-.

(3.) Brief facts giving rise to the present revision are that, on 22.6.2003 brother of complainant Basukinath Pandey, was admitted In Nagarmal Modi Seva Sadan and on diagnosis, it was found that the patient is suffering from renal failure. Dr. A. K. Baidya accordingly advised the complainant for transplantation of kidney for which the complainant was asked to deposit Rs. 3.25 lakhs being the cost of kidney transplantation. Accordingly, the said amount was deposited in between 22.6.2003 to 13.10.2003 in cash but the receipts issued by the petitioner hospital, show the deposit of Rs. 1,50,000/- only. It is alleged that the patient remained in the hospital from 22.6.2003 to 13.11.2003 but petitioner hospital, as well as the doctor attached to the hospital failed to transplant the kidney for the reasons best known to them. Complainant had also arranged the donor of the kidney i. e. mother who was found to be fit for donation along with affidavit as suggested. Inspite of repeated requests, amount deposited with hospital was not refunded. Accordingly, legal notice was sent twice, on 13.12.2003 and again on 12.1.2004 asking hospital and the attending doctor to refund the aforesaid Rs. 3.25 lakhs. But all efforts failed, resultantly a complaint was filed claiming refund of Rs. 3.25 lakhs along with the compensation of Rs. 5 lakhs on account of the deficiency in service on the part of the hospital and the doctor attached thereto.