M.THANIKACHALAM, J. - (1.) This appeal, by the opposite parties, aims to set aside the order of the District Forum dt.8.2.2010, wherein a direction has been issued to refund a sum of Rs.7232/-, in addition to pay a sum of Rs.25000/- towards compensation for mental agony, alongwith cost of Rs.5000/-, which is based upon deficiency in service, as per the complaint made by the complainant.
(2.) The respondent, in this appeal, the complainant, is a retired employee of Food Corporation of India, covered by the Retired Employees Medical Health Scheme (MHS), wherein certain facilities were provided to the ex-employees, of the Food Corporation of India, having some ceiling limit. On 15.6.2008, due to severe fall, the complainant was unable to move, and under the said situation, he was rushed to Vijaya Ortho Hospital, Vadapalani, which is one of the empanelled hospital, where he was admitted for treatment, which was informed to the Food Corporation of India, personally by the complainant, through a friend, for formal approval.
(3.) The hospital informed the complainant, that he required major surgery of hip replacement, for which the complainant was not prepared, and therefore he wanted himself to be discharged from the hospital. The hospital, contacting the FCI for approval, failed, because of the inhuman treatment of Dr.Ramachandran, who failed to perform his duty. The request of the complainant to pay the amount, after discharge, since he had no amount at that time, also not conceded, thereby virtually he was imprisoned. Thereafter, the bill for Rs.7232/- was paid by a friend, thereby causing mental agony and deficiency of service, on the part of the opposite party. It is the duty of the opposite party to see, that the approval was given, taking into the balance amount available in the member-patients credit, as per the eligibility. Because of the inhuman and illegal treatment, meted out to the complainant/ patient, the very purpose and objective of MHS, is questionable, for which the complainant is entitled to not only refund of expenses incurred by him viz. Rs.7232/-, but also a sum of Rs.2 lakhs, and above, as compensation with interest. Thus alleging/ leveling many allegations, against the opposite party, a consumer complaint came to be filed.;