State Consumer Disputes Redressal Commission
State Of Haryana Through Chief ... vs N.R. Goel, I.A.S. (Retd.) H.No.845, ... on 27 May, 2013
STATE CONSUMER DISPUTES REDRESSAL COMMISSION HARYANA, PANCHKULA First Appeal No.621 of 2013 Date of Institution: 06.09.2013 Date of Decision: 27.05.2014 State of Haryana through Chief Secretary. Appellant-Opposite Party Versus N.R. Goel, I.A.S. (Retd.) H.No.845, Sector-13, Karnal. Respondent-Complainant CORAM: Honble Mr. Justice Nawab Singh, President. Mr. B.M. Bedi, Judicial Member. Mrs. Urvashi Agnihotri, Member. Present: Shri Ajay Chaudhary, Senior Deputy Advocate General assisted by Shri Santosh Kumar, Assistant, Health Department and Shri Shamsher Singh, Accountant, Chief Secretary to Government of Haryana, for the appellant. None for respondent. O R D E R
Justice Nawab Singh, President (ORAL):
This appeal has been filed by State of Haryana against the order dated July 30th, 2013, passed by District Consumer Disputes Redressal Forum (for short District Forum), Karnal. The operative part of the order is reproduced as under:-
..we hold that the complainant is entitled to 75% of the doctors fee which is to the tune of Rs.4000/- which comes to Rs.3000/-. There was deficiency in service on the part of the Ops. We direct the Op No.1 to make the payment of Rs.3000/- to the complainant alongwith interest @ 9% per annum from 11.09.2006, the date when the earlier payment was made till its actual realization. The complainant shall also be entitled for a sum of Rs.1500/- for the harassment caused to him and for the litigation charges. The OP No.1 shall make the compliance of this order within a period of thirty days from the date of receipt of the copy of this order. The parties concerned be communicated of the order accordingly.
2. Smt. Usha Goel wife of Shri N.R. Goel, I.A.S. (Retd.), fell sick in the year 2006. She was referred to FORTIS Hospital, Mohali (The hospital empanelled by the Haryana Government). The complainant submitted bill of Rs.55,884/- to the Haryana Government for reimbursement. The Government reimbursed him Rs.40,012/-, as stated by learned Senior Deputy Advocate General, Haryana assisted by Shri Santosh Kumar, Assistant, Health Department, Haryana.
3. Shri N.R. Goel filed complaint under Section 12 of the Consumer Protection Act, 1986 before the District Forum stating that the Government did not reimburse him an amount of Rs.4,000/-, that is, Doctors fee which he paid to the Fortis Hospital.
4. The District Forum accepted the complaint as stated in paragraph No.1 of this order.
5. Shri N.R. Goel, sent a letter to this Commission received on February, 2014, that he would not be able to attend this Commission because the amount involved is only Rs.3,000/- and he should be informed by post about the result of the appeal.
6. Learned Senior Deputy Advocate General, Haryana, has urged that the expenses incurred by the complainant were to be reimbursed as per the instructions conveyed vide letter No.2/10/90-I HB-III dated November 30th, 1993, whereby the expenditure incurred on the treatment will be reimbursed on rates of Post Graduate Institute of Medical Education & Research, Chandigarh (for short PGIMER) + 75% of the remaining amount. Reference was also made to the New Reimbursement Policy No.2/8/88-I HB III dated May 6th, 2005 issued by the Government. Vide this policy, it has been clearly mentioned that Admission Charges, Diet Charges, Telephone Charges and other items not covered under medicines, would not be reimbursable. As per Gargs Compilation on Medical Attendance Rules, 2006 PGIMER does not charge Doctors visiting fee and as such an amount of Rs.4,000/- incurred by the complainant as Doctors fee on the treatment of his wife is not reimbursable. Reference was also made to the letter dated March 7th, 2008, written by Director General Health Services, Haryana, Panchkula that Doctors fee is not reimbursable to Shri N.R. Goel.
7. As per letter dated May 22nd, 2014 (Annexure A-1), written by PGIMER, Chandigarh to The Joint Secretary (General) to Govt. Haryana, Doctor Visiting Fee is not being charged in the PGIMER, Chandigarh.
8. In this view of the matter, Shri N.R. Goel, is not entitled to the reimbursement of Rs.3,000/- being 75% of Rs.4,000/-, which he paid as Doctors fee in Fortis Hospital, Mohali, for the treatment of his wife.
9. For the reasons recorded supra, the appeal is accepted, the impugned order is set aside and the complaint is dismissed.
10. The statutory amount of Rs.3200/- deposited at the time of filing the appeal be refunded to the appellant-opposite party against proper receipt and identification in accordance with rules, after the expiry of period of appeal/revision, if any.
Announced:
27.05.2014 (Urvashi Agnihotri) Member (B.M. Bedi) Judicial Member (Nawab Singh) President CL