Central Information Commission
Sanjeev Kumar vs Delhi Police on 23 May, 2025
Author: Heeralal Samariya
Bench: Heeralal Samariya
के न्द्रीय सूचना आयोग
Central Information Commission
बाबा गंगनाथ मागग, मुननरका
Baba Gangnath Marg, Munirka
नई दिल्ली, New Delhi - 110067
नितीय अपील संख्या / Second Appeal No. CIC/DEPOL/A/2024/108411
Shri Sanjeev Kumar ... अपीलकताग/Appellant
VERSUS/बनाम
PIO, ...प्रनतवािीगण /Respondent
Delhi Police
Date of Hearing : 14.05.2025
Date of Decision : 14.05.2025
Chief Information Commissioner : Shri Heeralal Samariya
Relevant facts emerging from appeal:
RTI application filed on : 24.11.2023
PIO replied on : 22.12.2023
First Appeal filed on : 29.12.2023
First Appellate Order on : 16.01.2024
2 Appeal/complaint received on
nd : 15.03.2024
Information soughtand background of the case:
The Appellant filed an RTI application dated 24.11.2023 seeking information on following points:-
"Please find enclosed a copy of my complaint dated 06.06.2023 addressed to worthy Delhi police Commissioner against cheating by Artemis Hospital (A-1, New Friends Colony, New Delhi-110025) in respect of treatment of my wife Shikha Aggarwal for which I was forced to make payment on a much exaggerated hospital-bill. I have been advised by Directorate General of Health Services (GNCTD) to lodge complaint with Delhi Police as according to them subject-matter of the complaint comes under domain of Delhi Police. Information sought also under provisions of section 4(1)(d) of RTI Act with myself being affected individual is as under:
1. Complete information together with all related documents/correspondence/file- notings etc on action taken on my email-complaint dated 06.06.2023 addressed to worthy Delhi Police Commissioner (copy enclosed) either by Delhi Police and/or by any authority where the said complaint might have been forwarded
2. Copy of complete file with New Friends Colony Police Station and/or any other concerned office relating to my said complaint dated 06.06.2023 enclosing also questionnaire put to the said Artemis Hospital and reply received from the said hospital
3. Had the said Artemis Hospital valid license issued by DGHS and/or any regulatory public-authority on the dates of hospitalization (07.04.2023 and 08.04.2023) of my wife Smt Shikha Aggarwal
4. If yes to (3), provide a copy of the license of validity from 07.04.2023 to 08.04.2023 from the concerned regulatory authority to the said Artemis Hospital
5. If no to (3), complete and detailed information together with all related documents/correspondence/file-notings etc on action taken against the said Artemis Page 1 Hospital for continuing hospital and medical treatments on 07.04.2023 and 08.04.2023 without having a valid license
6. Regulatory public-authority for the said Artemis Hospital mentioning date of first issue of license to the said Artemis Hospital by the said regulatory authority T 7. Relationship of Claim Therapist with the said Artemis Hospital for cashless hospital-treatment
8. Year-wise number of cases settled by Claim Therapist in respect of the said Artemis Hospital ever since the said Artemis Hospital started its hospital-activities
9. Copies of complete correspondence by the regulatory authority with the said Artemis Hospital in respect of my enclosed complaint
10. Names of doctors for which hospital-authorities charged fees in respect of treatment of my wife Smt Shikha Aggarwal clearly mentioning part of charged fees
(a) paid to concerned doctors (b) retained by hospital-authorities
11. Complete information on preventive steps taken to ensure that the said Artemis Hospital may not cheat patients/attendants in manner I was cheated in respect of treatment of my wife Smt Shikha Aggarwal
12. File-notings on movement of this RTI application The CPIO-cum-Addl. Dy. Commissioner of Police-South-East Distt., New delhi vide letter dated 22.12.2023 replied as under:-
1 & 2. In this connection, it is mentioned that the report received from Police Station-
New Friend Colony of this District (Principle supplier of information sought) is attached herewith (01 Page).
3 to 12. In this connection, it is mentioned that the requisite information does not pertain to this District. However, your RTI application is being transferred to PIO/AIIMS, New Delhi, for providing the requisite information under the provisions of RTI Act -2005."
Dissatisfied with the response received from the CPIO, the Appellant filed a First Appeal dated 29.12.2023. The FAA vide order dated 16.01.2024 upheld the reply of CPIO.
Aggrieved and dissatisfied, the Appellant approached the Commission with the instant Second Appeal.
Facts emerging in Course of Hearing:
Appellant: Shri Subhash Aggarwal(AR) Respondent: ACP Virender Dabi, Insp Rajender, SI Sunil Dagar, SI Pawan Kumar, Dr Jitender Sodhi, Associate Professor (AIIMS), Shri Jagdish Chand, CGHS Written Submission of the Appellant:
Vide my online RTI application DEPOL/R/E /23/10487 dated,Z4.ll.2023 sought information also under provisions of section 4(l)(d) of RTI Act with myself being affected individual on l}points relating to my complaint dated 06.06.2023 addressed to worthy Delhi Police Commissioner against cheating by Artemis Hospital (A-1, New Friends Colony, New Delhi-l10025) in respect of treatment of my wife Shikha Aggarwal for which I was forced to make payment on a much exaggerated hospital-bill. I was advised by Directorate General of Health Services (GNCTD) to lodge complaint with Delhi Police as according to them subject-matter of the complaint comes under domain of Delhi Police. Information was sought on under-mentioned l2 points. Learned PIO at DCP (SE) office was kind enough to send me reply dated 22.12.2023 enclosing there a copy of closure-report (without copy of complete Page 2 file relating to my complaint) in response to query-numbers (l) and (2). But in point (2) of my RTI application I had requested for copy of complete file with New Friends Colony Police Station and/or any other concerned office relating to my said complaint dated 06.06.2023 enclosing also questionnaire put to the said Artemis Hospital and reply received from the said hospital. I filed my online First Appeal DEPOLIA/8123/02013 dated29.12.2023 requesting that the learned PIO may kindly be directed to send me copy of complete file and other documents as sought under query (2) of my RTI application free-of-cost under section 7(6) of RTI Act. Learned PIO transferred my RTI application for response to query-numbers (3) to (12) to AIIMS and CGHS. But query-
numbers (3), (4), (5), (7), (g) and (9) related to enquiry-process on my complaint against the said Artemis Hospital. I in my First Appeal also requested that the learned PIO may kindly be directed to provide information on these points by seeking inputs from the concerned Investigating Officer SI Murari Krishan D-691 5 (Mobile Number 98688 I 7489) at New Friends Colony Police Station. It is noteworthy that the concerned Investigating Officer always ignored repeated calls made to him in this regard. Recommendations may kindly be made under section 25 of RTI Act to initiate enquiry in misconduct of concerned Investigating Officer SI Murari Krishan D-6915 (Mobile Number 9868817489) in this regard and to initiate disciplinary action against his most irresponsible behavior (as also evident through RTI response) causing me mental agony. Recommendations may also kindly be made for a proper but prompt time-bound fresh police-enquiry against cheating by the said Artemis Hospital in an exemplary manner to be a lesson for other such private medical shops run in in name of hospitals under patronage of irresponsible authorities.
I also request for adequate compensation under section l9(8xb) of RTI Act for precious man hours and money spent in pursuing the matter till stage of Second Appeal filed before Honorable central Information commission apart from mental agony caused to me Further in continuation to my submissions dated 15.03.2024 already on record, I wish to bring to kind notice of your honour that the said Artemis Lite Hospital has since confirmed that it has to pay rupees 59337 when a WhatsApp message of copy of the cheque number 864469 dated 08.01.2025 drawn on HDFC Bank issued by Artemis Medicare Services Limited favouring Shikha Agrawal for rupees 59337 (copy of cheque enclosed) was sent by Dr Sandeep Kumar Agarwal, Medical Superintendent (Nursing Homes). Directorate General of Health Services DGHS (GNCTD) at mobile number of my brother RTI consultant (representing me also before your honour) Shri Subhash Chandra Agrawal (Mobile number 9810033711) at 5.43 pm on 08.01.2025. But the said cheque was neither physically delivered to the beneficiary my wife Smt Shikha Aggarwal nor to myself being the petitioner in the case nor to my brother RTI consultant Shri Subhash Chandra Agrawal representing in the case. Since this is further a fraud committed by Artemis Lite Hospital in conspiracy with Dr Sandeep Kumar Agarwal, Medical Superintendent (Nursing Homes). Directorate General of Health Services DGHS (GNCTD), recommendations may kindly be made under section 25 of RTI Act to Delhi Police to register a case against Artemis Hospital and Dr Sandeep Kumar Agarwal for such mischief to make commitment of payment as sought in my complaint dated 06.06.202but not actually making the said payment unless Delhi Police ensures actual payment of rupees 59337 to the Page 3 beneficiary either through internet banking or through issue of a fresh cheque since earlier issued (but not delivered) cheque dated 08.01.2025 has now become stale and outdated.
Now since it has been revealed by Directorate General of Health Services (GNCTD) that the said Artemis Lite Hospital got license for the first time with effect from 01.08.2023. Earlier as admitted by DGHS (GNCTD), the license was in name of Bansal Hospital even which expired on 31.03.2023. Such negligent attitude of authorities in allowing hospitals in Delhi area without proper license led to a major fire in a Delhi Hospital in Vivek Vihar on 26.05.2024 resulting in death of seven new-born children when the said hospital was also running without any renewed license on the death of unfortunate incident. If that was a cognizable offence, then Delhi Police in this also has to take it as cognizable offence for Artemis Lite Hospital working without a valid or renewed license on the date of surgery because admittedly Artemis Hospital did not at all have a license on date of surgery of my wife. Otherwise also no license to a hospital can be effective from a retrospective date. Same has also been discussed in detail in CIC-verdict dated 16.01.2025 in file-number CIC/GNCTD/A/2024/108412 in the matter Sunjeev Kumar versus Directorate General of Health Services (GNCTD) where Hon'ble Commissioner made suitable recommendations in this regard. Delhi Police may kindly be directed to respond to query-numbers (3), (4) and (5) in this regard by harsh interrogations with concerned ones at Artemis Lite Hospital.
Artemis Lite Hospital in the same case CIC/GNCTD/A/2024/108412 has confessed a fiduciary relationship between Claim Therapist and Artemis Lite Hospital. Since I have been cheated by Artemis Lite Hospital at the time of admission that I would not have to pay anything for the surgery since they had an arrangement with Claim Therapist (The hospital even lodged a claim with concerned National Insurance Company, a case of cheating is also requested to be recommended against Artemis Lite Hospital and Claim Therapist under section 25 of RTI Act apart from Delhi Police responding to query-numbers (6) and (7) in this regard by harsh interrogation with Artemis Lite Hospital in this regard also to prevent any such further cheating of others.
It is significant that the responding PIO ie. Dr Sandeep Kumar Agarwal, Medical Superintendent (Nursing Homes). Directorate General of Health Services GNCTD was penalized under section 20 of RTI Act and I was compensated under section 1918 thi of RTI Act in the said case CIC/GNCTD/A/20247108412.
Further request that Delhi Police may kindly be directed to transfer my RTI application together with my complaint to Medical Council of India (now National Medical Commission) and Delhi Medical Council for response to query-numbers (3) to (12) under section 6(3) of RTI Act which are the appropriate authorities in this regard rather than it did by transferring RTI application to All India Institute of Medical Sciences (AIIMS) which had no role in dealing with my RTI application as is also clear from AIIMS letter dated 15.01.2024.
Page 4 Submissions of the Appellant:
The Appellant submitted that he had lodged the complaint against Artemis Hospital for cheating him. The concerned IO without make any investigation filed the closure report. Further the Appellant reiterated the contents of the written submissions.
Submissions of CPIO-Delhi Police:
CPIO submitted that information sough at Point No.1 was provided to the Appellant whereas query No.3 to 12 pertains to AIIMS hence the RTI was transferred to AIIMS.
Submissions of CPIO- AIIMS:
The information sought by The Appellant does not pertains to AIIMS.
Submissions of CPIO- CGHS:
The information sought by The Appellant does not pertains to CGHS.
Proceedings:
During the hearing the Commission noted that the information at point No.3 to 12 sought by the Appellant pertains to DGHS.
Decision:
Upon the perusal of the case records & submissions, the Commission observes that the CPIOs have provided an appropriate reply w.r.t to Point No.1&2 Commission noted that since the information sought at point No.3 to 12 pertains to DGHS. Hence, the Commission directs Registry of this bench to send the copy of the RTI application to the concerned Nodal officer (RTI Cell),DGHS (HQ) with the directions to provide reply to the Appellant within 30 days from the date of receipt of this order and to send the compliance report to the Commission 01 week thereafter.
No further action lies. The Appeal stands disposed off.
Heeralal Samariya (हीरालाल सामररया) Chief Information Commissioner (मुख्य सूचना आयुक्त) Authenticated true copy (अनिप्रमानणत सत्यानपत प्रनत) S. K. Chitkara (एस. के . नचटकारा) Dy. Registrar (उप-पंजीयक) 011-26186535 Page 5 Recomendation(s) to PA under section 25(5) of the RTI Act, 2005:-
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