MILAN SHARMA Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) This revision petition has been filed by the petitioner Milan Sharma against the order dated 31.5.2016 passed by the State Consumer Disputes Redressal Commission, Rajasthan, (in short the 'State Commission') in FA. No. 69 2015.

(2.) Brief facts as narrated by the learned Counsel for the petitioner /complainant are that the petitioner is a Member of Employees' State Insurance Corporation (ESIC) scheme and his father got heart-attack on 15.7.2007 and he was admitted in emergency in Sudha Hospital, which is a private hospital and he deposited Rs. 50,000 for treatment and operation in that hospital. However, the operation could not be conducted there and he was discharged on 31.7.2007. The complainant took his father to ESIC hospital wherefrom he was referred to Dr. Chandra Bhan Meena of MBGS Hospital and Medical College, Kota, Rajasthan.

(3.) The petitioner consulted Dr. Meena on 1.8.2007 and Dr. Meena prescribed some medicines. However, petitioner again consulted Dr. Meena on 2.8.2007 when he referred the patient for operation to S.K. Soni Hospital Jaipur. The patient was operated for by-pas-surgery on 12.9.2007 at S.K. Soni Hospital Jaipur. The petitioner submitted a bill of Rs. 1,20,956 for operation charges paid in S.K. Soni Hospital and Rs. 38,613 for the treatment done at Sudha Hospital. The bills were not paid by the respondent-opposite party on the ground that no permission was taken by the petitioner to get his father operated in S.K. Soni Hospital or even for treatment in Sudha Hospital. Then the petitioner filed complaint before the District Forum. The complaint was resisted by the opposite party Nos. 1, 2 and 6 who contested the case. However, opposite party Nos. 2,3 and 5 were ex parte before the District Forum. The District Forum finally allowed the complaint vide its order dated 10.6.2015 and directed to opposite parties to pay Rs. 1,66,552 along with compensation of Rs. 5,000.