Decided on June 26,2010

Reji George, Orthopaedic Surgeon Appellant
Babykutty, Charivuarampil Thumpamon, Pandalam Respondents


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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