Delay

A State Government Pensioner had  suffered a leg pain and consulted a Surgeonin a Hospital on 26-04-2018 and taken clinical tests as suggested by the Doctor andundergone a surgery as inpatient for three days from 28-4-2018 to 30-04-2018 andafter discharge on 30-04-2018, purchased the prescribed medicines and on   07-05-2018 the sutures have been removed at cost . The cost of the surgery part was born by the Hospital but Pensioner is eligible for cost of medicines and clinical tests. To facilitate claiming the expenses relating to medicines and tests, the Hospital has issued a Certificate of Treatment stating that the patient has undergone treatment for the leg pain from    26-04-2018 to 07-05-2018 and also a Discharge History Certificate indicating the period of three days 28-04-2018 to 30-04-2018. Accordingly, the Pensioner submitted to his Departmental Office an application duly enclosing Hospital Bills pertaining to  outside the period of  surgery ie., 26-4-2018 to 30-04-2018  claiming reimbursement  of medical expenses. The Office, as a part of procedure,  forwarded his application to the Medical Council for scrutiny and the same was approved and advised the Departmental Office to cause payment to the claimant Pensioner. The Departmental Office issued a Sanction Order for payment mentioning  the period of treatment the pensioner undergone as three days  28-4-2018 to 30-04-2018 and sent the Sanction Order to the Payment Section. The Payment Section raised a querry that the period mentioned in the Sanction Order does not tally with the Certificate of Treatment. The file is returned to the Pensioner. The Pensioner resubmitted the Claim stating that the period mentioned in the Sanction Order must be corrected as            26-04-2018 to 07-05-2018 as mentioned in the Certificate of Treatment and also that  the dates of the Bills claimed do not relate to the period of surgery the cost of which was born by the  Hospital and not the Pensioner. Not agreeing to this contention, the Office asked the Pensioner to get the Certificate of Treatment modified to the same period of Discharge History Certificate wherein it is stated as 3 days. The Hospital authorities refused to modify the period of treatment mentioned in the Certificate as it is a fact that the period of  treatment  was from 26-04-2018 to 07-05-2018. The Departmental Office  is insisting the Pensioner to get the Certificate of Treatment modified to the 3 days only. The Pensioner says that inducing the Hospital authorities to modify a genuine certificate into a fake one is not a lawful act and also that the Bills dated do not relate to the period of surgery and if modified as suggested by the Departmental Office, the Claim itself would become invalid; because the Bills relate to the cost of medicines and tests outside the period of surgery. The Office has been kept pending this issue without causing payment even after a year from the date of claim. Now, the question is whether this Case is maintainable in the District Forum praying for the claim amount and compensation for the delay and deficiency of service.

Now the mistake is only upon the Pension Office who made the sanction order and not by the Hospital. So, Consumer case is not maintainable and only a Writ Petition directing the Pension Office to release the medical bills is maintainable.

Thank you Sir

Sir, Does the state government pensioner come under the definition of  'Consumer'?