LCI Learning

Share on Facebook

Share on Twitter

Share on LinkedIn

Share on Email

Share More

kapil pandit (mechanical Manager)     31 July 2024

Legal advice needed regarding possible fraud and negligence case

Dear Advocate,

 

I hope this message finds you well. I am writing to seek your legal counsel regarding a serious issue I have encountered with Agarwal's Eyecare Hospital in Pune.

 

My mother recently underwent a cataract operation at this hospital. Subsequently, we received an invoice for the drugs prescribed during her treatment. However, I noticed that the invoice does not mention the Corporate Identity Number (CIN), which is a mandatory requirement according to Section 12(3)(c) of the Companies Act, 2013.

 

The omission of the CIN raises concerns about the authenticity of the document and amounts to a forgery, causing us significant mental distress. Furthermore, we have reasons to believe that the individual responsible for issuing this invoice may not be qualified or experienced enough to handle such responsibilities, which could indicate broader issues of negligence and malpractice.

 

Given these circumstances, we would like to explore our legal options, including but not limited to, filing a complaint for forgery and seeking compensation for the mental injury caused. We are also considering the possibility of pursuing a tort case for negligence due to the involvement of an unqualified and inexperienced individual in a critical medical process.

 

Your expertise and guidance on how to proceed with this matter would be invaluable. We are eager to ensure that appropriate legal actions are taken to address this situation and prevent similar incidents in the future.

 

Thank you for your attention to this matter. I look forward to your prompt response and advice.

 

Best regards,

 

Kapil Pandit

 

 

 



Learning

 5 Replies

T. Kalaiselvan, Advocate (Advocate)     31 July 2024

From your contents it can be seen that you do not have any complaint towards medical negligence.

Your grievances is towards non inclusion of CIN in the invoice sent to youy.

Have you enquired with the hospital authorities about this missing detail and what was the reply/response.

You cannot straightaway jump into any legal action without exhausting the remedy in the local first.

Beisdes the non inclusion of CIN number will not amount to negligency nor deificiency in service or any other allegations that you have leveled against them in this post. 

You may consult an advocate with all documents and details and discuss about any legal action that can be initiated on this subject in this connection and proceed as suggested 

kapil pandit (mechanical Manager)     31 July 2024

Dear Advocate,

 

Thank you for your valuable advice and the time you have taken to address my query. I apologize for any inconvenience caused. 

 

I would like to clarify that my grievance extends beyond the mere non-inclusion of the CIN number in the invoice. I suspect that the hospital may be using a pirated version of the Windows operating system along with software for billing purposes. These software applications appear to be licensed only for student or home use, not for professional or commercial use. 

 

I understand the importance of exhausting all local remedies before proceeding with any legal action and will follow your advice to consult with the hospital authorities regarding the missing CIN detail. I appreciate your guidance on this matter and will discuss all aspects with an advocate, including the potential use of unlicensed software, to determine the appropriate course of action.

 

Thank you once again for your support and advice.

 

Sincerely,  

Kapil

T. Kalaiselvan, Advocate (Advocate)     31 July 2024

You have ensure that your allegations are substantiated with documentary evidences because it is a very sensitive matter hence you may first collect the evidences before leaping into the proposed legal battle 

Nikolas   04 August 2024

This article was very well-researched and informative. Great job. Solar


Leave a reply

Your are not logged in . Please login to post replies

Click here to Login / Register