REJI GEORGE, ORTHOPAEDIC SURGEON Vs. BABYKUTTY, CHARIVUARAMPIL THUMPAMON, PANDALAM
KERALA STATE CONSUMER DISPUTES REDRESSAL COMMISSION
Reji George, Orthopaedic Surgeon
Babykutty, Charivuarampil Thumpamon, Pandalam
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K.R.UDAYABHANU, PRESIDENT -
(1.) THE appellant is the first opposite
party in OP No. 112/2002 in the file of CDRF, Pathanamthitta. The second
opposite party/Government of Kerala has been ordered to pay a
compensation of Rs. 10,000/ - and also costs of Rs. 1,000/ -.
(2.) THE case of the complainant is that he met with a road traffic accident on 06 -04 -2002 and was taken to General Hospital, Pathanamthitta
and therefrom to District Hospital, Kozhencherry. The complainant was
treated by the first opposite party doctor. The complainant had sustained
right leg fracture and below knee slab was applied. He was discharged on
08 -04 -2002. A sum of Rs. 2,000/ - was incurred towards treatment expenses. It is alleged that during his IP period at the hospital the first
opposite party doctor compelled him to execute a Vakkalath in favour of
one advocate from Pathanaamthitta Bar by name Mr. Babu Varghese for
filing MACT Claim. The complainant was reluctant. He was also forced to
sign on various papers and the same were handed over to the doctor. The
doctor also procured all the medical records and bills from the
complainant under the pretext that the same were for entrusting Adv. Babu
Varghese. The complainant at the time of discharge requested the opposite
party for treatment records and return of documents signed by him. The
doctor then issued a discharge summery striking out the word as fracture
from the relevant column against diagnosis. The complainant had sustained
compound fracuter. After discharge from the hospital also he requested
for treatment records. But the doctor did not oblige. The allegation is
of unfair trade practice. He has sought for a compensation of Rs.
25,000/ - and for direction to return the illegally retained treatment records and also Rs. 2,000/ - towards treatment charges.
(3.) THE first opposite party has totally denied the allegations it is pointed out that detailed discharge certificate has been issued to the
police authorities. It is denied that he has got any connection with
Advocate. Babu Varghese. It is pointed out that the reason for the grouse
of the complainant is that he refused to issue the disability certificate
as demanded by the complainant.
The second opposite party/Government of Kerala did not file any version.;
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