What is intention behind this?
Guest
(Querist) 21 September 2018
This query is : Resolved
[On 3-3-2016 we had paid money to fortis hospital Bangalore for the operation of my mother in law for knee replacement.
We had paid 5 lakh rupees on the day of our 1st visit. No tests were conducted and the operation was scheduled at a later date of 4 months. But the operation never took place till date. The hospital made excuse of non availability of doctor etc. as the hospital acted suspiciously we recorded our calls and sessions with counselor and assistant doctor.
Since the hospital never conducted surgery or knee replacement we asked our money back.
But the hospital started new tune stating that they had purchased hardware for surgery and said they will deduct 2 lakh rupees and give back the money.
We were not fine with it. So we filed case in consumer court in person.]
Now.
The OP have filed their version. Affidavit. The OP are 4 parties. 2 counsellors and 2 doctors. What they have mentioned in version is not at all mentioned in their affidavit.
In affidavit the counselors state that the doctors orally gave permission to file affidavit, hence they are filing affidavit and they gave permission to file application under CPC 151 asking court to allow them to file documents.
The Court asked us to file objections. We filed objections as the hospital never told all this or did they give any bill or report for test conducted. The judge dismissed our objectoins prayer and allowed the hospital documents to be marked.
In documents they have given bills of money paid as advance to doctors. Money paid for hardware. Tests conducted. These amount to 3 lakhs.
The doctors affidavit contain cost details of the knee replacement, tests etc. But they themselves never explained any of these to us.
The hospital never conducted any tests on my mother in law nor did give these bills then in 2016. They just gave 2 bills for amount received for knee transplant.
Why they have filed affidavit like this? What is their purpose behind this.
Case posted for written arguments, in written arguments what we should put?
BAALASUBRAMANNYAMM
(Expert) 21 September 2018
Every Bill has its own Serial Number and Date and it should be properly accounted in the accounts of hospital. You have to be acknowledged by each and every bill/Invoice. So if you have any doubt on the submitted bills by the Hospital Authority before the Court, you can ask the court to give an order to the Hospital Authority, to produce/submit all the relevant accounts to the court, for proper verification and identification. So before going to file your written arguments, you can file a petition as like this.
ashok kumar singh
(Expert) 21 September 2018
agree with expert opinion...................
Guest
(Querist) 21 September 2018
But will a consumer court will accept such a application seeking copy of records of account books of a hospital to cross verify? The judge just dictated that our objections was dismissed and the OPs documents are allowed to be marked as evidence.
Hospital will give anotther 20 bills for the amount that they already received from us. How to counter this? The operation never took place. No tests conducted. No reports were given to us.
Plus affidavit filed by counsellors state that they are submitting these bills and reports on behalf of doctors, and that the doctors had given oral permission to them to file such affidavit.
Dr J C Vashista
(Expert) 22 September 2018
If you are not satisfied with your lawyer, who is contesting your case, you should change/ engage another local prudent lawyer for appreciation of facts/ documents, analyse, guide and proceed professionally.
Why do you prefer to remain anonymous author and seek obligation of experts, which is against the rules of this platform?
Guest
(Expert) 22 September 2018
Dear Mr. Anonymous,
First of all, it is not understood, with what specific purpose you preferred to keep yourself anonymous.
Secondly, you have posed questions, which are to be replied either by the opposite party or by the consumer forum, e.g.,
"Why they have filed affidavit like this? What is their purpose behind this. Case posted for written arguments" AND
"will a consumer court will accept such a application seeking copy of records of account books of a hospital to cross verify?"
Question arises, without going through the case related documents, how the experts can anticipate or predict like astrologers, what could be the intention of the hospital or its representatives, or what will the consumer forum accept or not.
Thirdly, if you have hired services of a lawyer to present your case in the consumer forum, what for he is there, if he can't reply your questions satisfactorily?
Fourthly, if you have not hired services of any lawyer to present your case in the consumer court, I don't feel that you have the capability to contest your case at your own. Must engage a lawyer. Otherwise, you should keep yourself ready to lose your case.
Guest
(Querist) 22 September 2018
The last 2 replies are of no use. The replies have done everything other than replying to my concern.
If you do not know. Why even post such replies? Please let allow other experts to reply. Thank you.
Guest
(Expert) 22 September 2018
Your criticism of the experts is q1uite uncalled for. If you are reluctant in showing your face with real ID, what right do you enjoy to compel the experts to help you?
YOU CAN'T COMPEL EVEN YOUR OWN PAID LAWYER TO HELP YOU, IF YOU ASK HIM BY KEEPING YOURSELF ANONYMOUS.
Guest
(Querist) 22 September 2018
I dont know who you are, but your last 2 replies clearly show your mental state. You are in no way helping me by doing all this. Whether I am anonymous or not is option given by forum itself for me to reveal my identity. You cant compel me to reveal my identity. If you can reply to my question please do. Dont waste your time man. Let others reply. Please..
Guest
(Expert) 22 September 2018
Better mind your own mental state, when posting frivolous questions, when neither any expert can help you to contact the hospital authorities to know what is there in their minds, nor they can make the judge to change his mind and to act according to your wiashes. So, what kind of help you expect from the experts, if your own lawyer cannot do anything for you, when he is supposed to know your own mental state as well as the background of the case you filed in the consumer forum.
First behave properly and deserve for help and then expect any help. Your arrogance, keeping anonymous, and being unable to express your real problem, aa make you ineligible for any help.
