If you experience a deficiency in services provided by a service provider, you can file a complaint with the consumer court. This applies to medical services as well, and more importantly, the complaints can be lodged online
If a product or service deficiency by the seller or the service provider has harmed you, as a consumer, you can make a complaint against the party. In a recent incident, Appolo Hospitals, Seshadripuram, has been asked to pay Rs 1 lakh to Bhagvan Das Alva, a senior citizen aged 67. This was for the harassment he had to face due to the rude behaviour of hospital staff, as per the Time of India report.
The Bengaluru-based senior was admitted to the hospital on August 29 and discharged on September 12, 2022. The hospital conducted various tests and suggested an emergency surgery. Alva got it done yet the pain persisted. On the third day of surgery, when he was given solid food his condition worsened causing him severe abdominal pain. The doctors immediately stopped solid food and suggested a second surgery. Having no other option, he agreed.
However, the problem was aggravated later when the nursing students removed the syringe from his palm forcefully leading to swelling. Because of the swelling, the injection could not be given through the palm, and thus, a catheter was inserted in his neck for giving medicines and liquid food.
These 15 days have not only been painful but also harassing for him. But the ordeal did not end there as he received a bill of Rs 9.9 lakh from the hospital. After his resistance to pay the amount, the bill was reportedly reduced to Rs 5.8 lakh later.
After nearly a year of being discharged, Alva filed a complaint in the consumer commission against the hospital charging them for the harassment and the financial burden. The hospital denied the charges and the Commission found no sufficient evidence of medical negligence against the doctors.
While the Commission did not mention the nursing staff, it held that the complainant had to experience mental agony due to the behaviour of the staff. It emphasised a responsible discharge of duties for the hospital and said that it is the responsibility of the doctors and medical staff to prove that they follow due care while performing their duties.
The Commission ordered the hospital to pay the complainant Rs 1 lakh for the harassment. It also asked the hospital to pay Alva Rs 25,000 for the litigation cost and refund Rs 35,360 collected for medical services and Rs 11,880 for nursing utilities along with a 9 per cent interest from the date of discharge.
Note that a consumer is protected under the Consumer Protection Act 2019, against unfair trade practices, overpricing, defective goods, and deficient services, among others. For services, the Act defines the deficiency.
As per Section 2(11) of the Act, “Deficiency means any fault, imperfection, shortcoming or inadequacy in the quality, nature, and manner of performance which is required to be maintained by or under any law for the time being in force or has been undertaken to be performed by a person in pursuance of a contract or otherwise in relation to any service and includes—
any act of negligence or omission or commission by such person which causes loss or injury to the consumer; and
deliberate withholding of relevant information by such a person to the consumer".
One can complain by calling the consumer helpline number 1800-11-4000 or 14404. One can also visit https://consumerhelpline.gov.in
If the complaint is not resolved; one can approach the consumer court, either online or offline.
Offline complaint: One is required to give a complaint in writing and submit it to the offline centre.
Online complaint: One can visit the e-Jagriti (erstwhile edaakhil.nic.in) portal.
A complaint can be submitted by a complainant or an agent. The court fee can also be paid online or through a demand draft.
Also Read: 8th Pay Commission Terms Of Reference In Progress, Speculation On Fitment Factor Continues
The grievance is first filed with the district Commission. However, if the resolution is not satisfactory, one can appeal to the higher Commission within 30 days of the order date. Here is the progression:
To the State Consumer Disputes Redressal Commission (SCDRC) against the order of the District Consumer Disputes Redressal Forum (DCDRF)
To the National Consumer Disputes Redressal Commission (NCDRC) against the order of the State Commission
To the Supreme Court against the order of the National Commission
Also Read: UPI Lite Is Here With Enhanced Features—Can You Use It Online? Know The Details
Advocate Is Not Required: Consumer courts don’t require an advocate to present the case. Consumers can present their case on their own. As Consumer Commissions or Consumer Courts are quasi-judicial, their proceedings are also informal, unlike typical judicial proceedings.
File The Complaint Within Two Years: The complaint should be filed within two years from the date damage is detected or deficiency in service is found.