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NCDRC imposes cost of Rs 1 lakh on private hospital in Haryana for misleading advertisement

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Press Trust of India New Delhi
Last Updated : Nov 14 2018 | 4:35 PM IST

The apex consumer commission has imposed a cost of Rs 1 lakh on a private hospital in Haryana for indulging in unfair trade practices by issuing misleading advertisement and charging extra amount from a patient for angioplasty and stent implant.

The National Consumer Disputes Redressal Commission (NCDRC) noted that Brahm Shakti Sanjivani Hospital had given misleading advertisement about the offers of Rs 12,500 for angiography procedure and Rs 1,25,000 for angioplasty with medicated stent, but charged the patient higher.

"It is a clear case of unfair trade practices adopted by hospital through the misleading advertisement. Therefore, in our considered view, a cost of Rs one lakh on the hospital, is just and reasonable. Hospital is further directed to restrain from such misleading advertisement in future," said a bench comprising presiding member S M Kantikar and member Dinesh Singh.

The commission said that out of the amount, Rs 50,000 shall be paid to the complainant, Haryana-resident Surya Kant, and the rest Rs 50,000 shall be deposited in the Consumer Legal Aid account of the district forum in Jhajjar.

It asked the hospital to discontinue its "deceptive" advertisement with immediate effect.

According to the complaint, Surya Kant had developed chest pain in 2015 and got admitted to the hospital in Bahadurgarh. He underwent angioplasty during which one medicated stent was implanted.

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It was alleged in the complaint before the district commission that the hospital had charged Rs 2.30 lakh for the angioplasty and stent whereas, as per the advertisement published by the hospital in the local newspaper, a patient was required to pay only Rs 1.25 lakh for angioplasty with a medicated stent. He had to pay Rs 1.05 lakh in excess, it had said.

The lower fora had directed the hospital to refund the excess amount along with litigation charges of Rs 5,500 to the complainant.

This was challenged by the hospital before the state commission, which had set aside the lower fora's order.

Aggrieved with it, Kant approached the apex commission where he alleged that the hospital had obtained the consent of his wife for the stent having higher charges with "mala fide intention".

Deciding his plea, the apex commission said, "The hospital attracted the complainant (Kant) with its advertisement, and, after the complainant was totally in its and its treating doctors' hands with a cardiac problem in emergency conditions, imposed its conditions and additional costs highhandedly and arbitrarily at its end."
To this, the apex commission said, "The so-called 'consent', taken from Kant's wife, was in emergency conditions and in forced duress."

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First Published: Nov 14 2018 | 4:35 PM IST

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