R.B.SETH JESSA RAM vs SUSHMA

THIS is an appeal against order dated 5.12.89 passed by the learned District Forum.

THE grievance of the appellant is that District Forum had assumed jurisdiction in entertaining the claim of the respondent although it had no jurisdiction to entertain the claim. Further, it is contended that if the question of jurisdiction be decided against them the District Forum went wrong in awarding amounts much in excess of the claims of the respondent. Since the respondent had opted for being admitted to and availing the delivery facilities as a paid patient her claim was liable to be rejected. Case of the respondent is that the complainant was registered for Tubecutomy operation under Family Welfare Scheme of the Government of India. She received an incentive of Rs. 145/- and as her sterilization operation was performed under the Family Welfare Scheme, she was entitled to these services free of cost from the hospital.

She could not be charged for these services. The respondent admits that she had agreed to get her delivery done in a paid ward and was liable to pay for it. Therefore there is no dispute between the parties on that account.

THE delivery took place on 1.7.88, and the sterilization operation was performed on 2.7.88. THE respondent was charged a total amount of Rs. 1,020/- for the sterilization operation. THE split up of which is; operation fee Rs. 600/-, Operation THEatre charges Rs. 180/-, Anaesthesia fee Rs. 180/-, Operation THEatre Drugs Rs. 60/-. The respondent contends that the hospital has wrongly charged an amount of Rs. 1,020/- from her, as her sterilization operation was performed under the Family Welfare Scheme. This plea of the respondent has been accepted by the learned District Forum who ordered refund of Rs. 2,380/-, the entire expenditure incurred by the respondent both on delivery and on sterilization operation.

WE are of the view that two separate aspects arise in this case, namely, the case of delivery in which the respondent had agreed to use the facilities of a paid ward and thus out of a total bill of Rs. 2380/- paid an amount of Rs. 1,360/- towards delivery, doctors visits, medicines and for accommodation for six days. A balance amount of Rs. 1,020/- was incurred on account of sterilization operation. The respondent claimed this amount through a legal notice dated 4.6.89 served to the appellant for a refund of Rs. 1,020/- wrongly charged from her as her sterilization operation was performed under the Family WElfare Scheme. There can be no escape from the fact that the sterilization operation was performed under the Family Welfare Scheme as the respondent was paid an incentive of Rs. 145/- for having the sterilization operation performed. The payment of this amount as incentive reinforces the plea of the respondent. We accordingly accept the stand of the respondent which finds support from the documents. She was accordingly entitled to a refund of Rs. 1,020/- once it is held that she was operated upon under the Family Welfare Scheme. The order dated 15.12.89 passed by the learned District Forum is modified to the extent that the appellant is directed to pay an amount of Rs. 1,020/- to the respondent within a period of one month. Complaint allowed.