SURYA KANT Vs. BRAHMSHAKTI SANJIVANI HOSPITAL

JUDGEMENT

(1.) The petitioner/complainant has filed this revision petition under Section 21(b) of the Consumer Protection Act 1986 against the Order dated 14.03.2017 passed by Haryana State Consumer Disputes Redressal Commission, Panchkula (for short, 'the State Commission') whereby the State Commission allowed the appeal of the opposite party/hospital and set aside the order dated 12.05.2016 passed by the District Consumer Disputes Redressal Forum, Jhajjar (for short, 'the District Forum').

(2.) The brief facts of the case are that the complainant, Surya Kant, suffered chest pain and got admitted in Brahm Shakti Sanjivani Hospital, Bahadurgarh - OP on 28.02.2015. He underwent angioplasty and one medicated stent was implanted during angioplasty. He was hospitalized till 2.3.2015. It is alleged that the hospital - OP charged Rs.2,30,000/-, for the angioplasty and cost of stent whereas as per the advertisement / offer published by the OP in the local newspaper, the complainant was required to pay only Rs.1,25,000/- for the angioplasty with a medicated stent. The complainant had paid Rs.1,05,000/- in excess to the OP. The complainant is also holder of a Medi-claim insurance policy from the National Insurance Company Ltd. for his family member having cover of Rs.2 lakh for the period of 17.06.2014 to 16.06.2015. For the alleged unfair trade practice, the complainant had filed a consumer complaint before the District Forum, Jhajjar against the hospital - OP and claimed the refund of excess amount alongwith interest and the compensation.

(3.) The OP filed the written version and resisted the complaint. According to the OP, the offer of angioplasty with medicated stent was for those patients, who make payment of Rs.1,25,000/- in cash. As the complainant gave his consent for the best quality of stent i.e. for 'Yukon Elite 2.75 x 24 mm @ 14 atm, which has a life time guarantee, extra amount of Rs.1,05,000/- was charged from the complainant. Hence, there was no unfair trade practice on behalf of the hospital - OP.