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Judgment
THE appellant is the original complainant who had received some injury and was referred to Gandhi Hospital under police yadi which is a Government Hospital.
ACCORDING to the submission of Mr. Raval, the learned Advocate for the appellant, the government hospital did not treat the patient on the ground that X-ray machine was not in working order and referred the case to the C.J. Hospital, the respondent herein. It appears that the case was registered and Rs. 9/- as bed charge has been taken. However, for no treatment the hospital charged MLC charge ofRs.200/-. The learned Advocate appearing for the appellant further states that advance Medico Legal Case charges are taken from the patients on the ground that if the case is filed in the Court, the attending doctor has to attend the Court, and, therefore, hospital has decided to charge a fixed cost of their future medical service. We do not find any reasons as to why a hospital which does not render any other service, can charge a substantial amount of Rs. 200/- from a poor and injured patient on the aforesaid ground.
It may be noted that to attend the Court in pursuance of the summons of the Criminal Court, is the duty of all citizens including the doctors. To charge any fees without rendering any service or the service which has to be discharged in future and which has no relation with the present treatment may amount to unfair trade practice.
WE are aware that this Medical Centre is doing excellent service to the citizens of Surendranagar and surrounding areas and, therefore, it is not expected from such institution to charge patients without rendering any extra service. Considering the facts and circumstances of the case it could have been proper if the hospital had not charged even Rs. 9/- as bed charges from such poor patient. In any case we cannot for refund of Rs. 9.00 - the bed charges since the same is supported by evidence of doing service.
UNFORTUNATELY nobody appears on behalf of the respondent though the summons has been served and, therefore, we have no assistance in the matter. We therefore direct that the respondent will refund the amount of Rs. 200.00 to the appellant, who needs money for her maintenance. ORDER The appeal is allowed. The judgment of the District Forum is set aside and the respondent hospital is directed to return the amount of Rs. 200.00 to the appellant. In the circumstances there will be no order as to costs. Appeal allowed.