জেলা ক্রেতা কমিশনের অভিযোগের খসড়া

BEFORE THE DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION, 

Complaint under Section 35 of the Consumer Protection Act, 2019

Complainant:
, ,
Residing at
Mobile: , Email:

Opposite Party:
, through its Director

1. JURISDICTION

The Opposite Party carries on business within this district / the cause of action arose within this district. The value of the goods or services paid as consideration is Rs. , which is within the pecuniary jurisdiction of this Hon'ble Commission.

2. FACTS OF THE CASE (in chronological order)

2.1 On , was admitted to the Opposite Party hospital for , under Patient ID .

2.2 The patient was discharged on . The Opposite Party raised Bill No.  for Rs. , which the Complainant paid in full (cash, receipts annexed).

2.3 On examining the itemised bill, the Complainant found irregularities totalling Rs.  across line items, detailed in the annexed statement (Annexure A3). These include medicines or devices charged above their printed MRP or the ceiling prices notified under the Drugs (Prices Control) Order, 2013. These include procedure charges far in excess of the CGHS 2025 benchmark rates published by the Ministry of Health and Family Welfare. These include items billed more than once. These include items billed although never administered or provided. These include doctor visits billed in excess of those recorded in the case sheet. These include separate charges for consumables already included in the room or procedure charges. These include charges levied over and above an agreed all-inclusive package rate. These include lump-sum entries with no item-wise break-up. These further include the discrepancies detailed in the annexed statement.

2.4 On , the Complainant wrote to the Opposite Party's billing department disputing the specific items and seeking a refund within 7 days, delivered by email (Annexure A4). No response was received within the 7-day period.

2.5 On , the Complainant escalated the matter to the Opposite Party's Grievance Redressal Officer under right (xix) of the Charter of Patients' Rights, delivered by email (Annexure A5). No resolution was provided within the 15-day period.

3. DEFICIENCY IN SERVICE AND UNFAIR TRADE PRACTICE

3.1 Raising charges of the kind described in paragraph 2.3 amounts to deficiency in service under Section 2(11) and unfair trade practice under Section 2(47) of the Consumer Protection Act, 2019. Charging above notified ceiling prices additionally violates the Drugs (Prices Control) Order, 2013, which is legally binding on the Opposite Party. Billing for items charged twice or never provided amounts to an unfair trade practice on its face.

3.2 The Opposite Party failed to display its rates, provide a detailed itemised bill on request, and operate an effective grievance redressal mechanism, contrary to the Charter of Patients' Rights under the Clinical Establishments Act, 2010 (rights ii, iii, and xix).

4. RELIEF SOUGHT

The Complainant prays that this Hon'ble Commission direct the Opposite Party to:

a) Refund Rs. , the amount charged in excess of reasonable and lawful rates, with interest at 12% per annum from the date of payment;

b) Pay Rs.  as compensation for mental agony and harassment;

c) Pay Rs.  towards the costs of this litigation;

d) Pass any other order deemed fit in the interests of justice.

5. LIMITATION

This complaint is filed within two years of the cause of action, as required under Section 69 of the Act.

6. DECLARATION

The Complainant declares that the subject matter of this complaint is not pending before any other court or forum.

VERIFICATION

I, , verify that the contents of this complaint are true to my knowledge and belief.

Place:
Date:
[Signature of Complainant]

LIST OF ANNEXURES

A1. Itemised hospital bill and payment receipts
A2. Discharge summary
A3. Benchmark comparison table (bill vs CGHS / NPPA rates) with source printouts
A4. Dispute letter dated with proof of delivery
A5. Grievance escalation letter dated with proof of delivery
A6. Hospital's replies, if any
A7. Affidavit verifying the complaint