New Delhi:
The District Consumer Disputes Redressal Commission, North-East Delhi, has dismissed a complaint against Max Super-speciality Hospital, Vaishali (Ghaziabad), holding that there was no deficiency in service in the treatment of a cancer patient who died shortly after beginning therapy.
Background of the Case
The case dates back to 2022, when the complainant’s husband approached the hospital for cancer treatment. Doctors initially advised chemotherapy and radiation therapy, following which the patient deposited money and began chemotherapy.
Radiation Therapy Plan Changed
According to the complainant, after medical evaluation, doctors informed the patient that radiation therapy could not be administered at that time and advised him to seek a refund for the same. The patient later died at home.
Allegation of Refund Denial
The complainant alleged that when she approached the hospital’s radiation therapy cash counter with her brother-in-law for a refund, officials asked her to submit a written application along with the original receipt. Despite multiple follow-ups, the refund of ₹50,000 was allegedly denied, citing hospital policy.
Relief Sought by Complainant
In the consumer complaint, the complainant sought a refund of ₹50,000 with 18% annual interest, along with ₹50,000 as compensation for mental harassment and litigation costs.
Hospital’s Defence
The hospital and the treating doctor countered that the complaint was an afterthought with no valid cause of action. They stated that radiation therapy had been planned, with an estimated cost of ₹1.52 lakh, and preliminary procedures including CT scan, planning, and first chemotherapy were completed after the patient deposited ₹50,000.
Commission’s Observations
The Commission noted that the receipt did not specify that the ₹50,000 was exclusively for radiation therapy. Records showed that the amount deposited on January 31, 2022, was adjusted against expenses incurred during the patient’s admission and chemotherapy on February 2, 2022. After deductions, ₹6,440 remained unutilized with the hospital.
Complaint Dismissed
Holding that there was no deficiency in service, the Commission dismissed the complaint. It clarified that the complainant could claim the unutilized amount of ₹6,440 from the hospital as per the prescribed procedure.
