Failure of a medical provider to issue detailed bills and treatment records, which hinders a patient's ability to claim medical reimbursement, constitutes a deficiency in service, regardless of any outstanding payments due to the provider.

ORDER: PER

HON’BLE SMT. R.S. RAJESHREE, MEMBER, (NON-JUDICIAL)

01) This appeal is filed u/s. 41 of the Consumer Protection Act, 2019 by the Appellant/Opposite Party praying this Commission to set aside the orders of the District Commission, Mahabubnagar made in CC.No.26/2018 dated 06.08.2021 and consequently dismiss the complaint with costs.

02) For the sake of convenience, the parties are described as complainant and opposite party as arrayed in the original complaint.

03) The case of the complainant is that, his mother late kamalamma was a member of Family pensioner, as her husband Venkataiah was a govt employee. That on 27.12.2016 she complained about chest pain, as such she was taken to opposite party No.1 Hospital for a checkup. The opposite party admitted his mother and conducted tests on 27.12.2016 and 28.12.2016 and after conducting the tests, the opposite party informed the complainant that his mother is having heart problem and she is to be treated on emergency basis and demanded the complainant to pay Rs.1,50,000/- for the said treatment. Under stress and strain conditions the complainant was compelled to pay Rs.1,50,000/- to the opposite party for treatment of his mother. But the opposite party failed to give the test reports, medical bills, admission case sheet etc. Apart from this the opposite party failed to issue a bill for the amounts paid by the complainant. Later, on 30.12.2016 the opposite party informed the complainant that his mother’s condition is too serious and that he need to pay another Rs.3 lakhs for further treatment. However, as the complainant did not have so much money and treatment was necessary, under the pressure he has issued a post-dated cheque for the said amount. Immediately after receiving the post-dated cheque the doctor informed that his mother is already dead. That he was shocked to hear the same. The opposite party failed to give details of cause of death. However, the complainant had sought for all the test reports, bills and case sheet, so that he could apply for medical reimbursement, as his mother was drawing family pension from the Government. But the Opposite Party failed to furnish the same as such he could not claim the reimbursement, which has resulted in financial loss to the complainant. that this act of non-issuance of bills despite receiving the amount is nothing but deficiency of service. As such a complaint was filed before the District Commission.

04) The opposite party filed his written version while admitting that the complainant’s mother was treated at his hospital and had stated that, immediately after admission of the patient, required tests were done to evaluate the condition of the patient and after explaining the health condition of the patient to the complainant and his family members, treatment was immediately started on emergency basis without any delay as the condition of the patient was critical. The complainant paid Rs.1,00,000/-towards part payment through cheque on next day i.e. 28.12.2016. another Rs.50,000/- was paid by the complainant to Mallika pharmacy for medicines through cheque, and a bill was issued for both these amounts received. As the condition of the patient was deteriorating the opposite party had given best treatment like angioplasty and stents were done to save the life of the patient, even without collecting any procedural charges. Opposite Party had neither behaved inhumanely nor had demanded any money at the time of shifting the dead body, as the complainant had already issued a cheque for Rs.3,00,000/-. Later after the death