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Author Topic: Consumer Law ; Deficiancy in services  (Read 806 times)

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Offline shaktikroy

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Consumer Law ; Deficiancy in services
« on: October 31, 2015, 11:05:00 PM »
Can I file consumer complaint on following facts and what is the procedure,I being at Pune and service provider is at KOLKATA. Also need legal advisers contact details preferably Kolkata based;

"Dear Dr. Paramesh Banerji,
With reference to email dated 11 Oct 2015, we are yet to get call from you. However, your staff contacted us 3 – 4 times and each time they told to expect a call from you but it never came. Two of your staff also wanted to know why we are unhappy as they do not know yet that you and your team are trying to learn “How to treat UC” making us Ginny Pig or else simply fooling us, as even after four months of various permutation & combination, you and your team failed to arrest the disease leave aside treating it. To prove the aforesaid statement following are the facts;
1.   On 9 Jun 2015, we transferred Rs 2500.00, a fee to talk to you. Thereafter, two doctors spoke to make a case for you. You spoke to Shikha Roy, patient of Ulcerative Colitis for last five years,, cross checked details and assured her that within a month it will be controlled and may take 4 – 5 months to cure.  Also asked her to stop Mesacol Enema and tapered down Mesacol tablet by 1200 mg/ day weekly. At that point we were impressed as you made us belief that you can cure Ulcerative Colitis
2.   On 10 Jun 2015 we were asked to pay / transfer Rs 15,430.00 ( six months unlimited consultation fee in advance + Cost of 36 medicines Rs 3705.00 and packaging charges of Rs 275.00). We transferred the same next day.
3.   On 13 Jun 2015, we spoke and confirmed to Dr Dipankar Das that dose of allopathic medicine Tablet Mesacol has been reduced to 2400mg per day from 3600 mg per day and stopped enema Mesacol rectal suspension enema 4g/60ml, which was being used daily to control the inflammation. We started your medicines.
4.   On 23 Jun 2015, though the symptom seemed to be improving but new symptoms (Side effect) cropped up. Dr Dipankar told us not to reduce Tab Mesacol further as was advised by you.
5.   We spoke Dr Dipankar Das on 25 Jun, & 30 Jun 2015 stating gradual increase in bloody mucus.
6.   On 11 Jul 2015, we reported alarming increase of blood and  mucus . Dr Ispita Dasgupta advised an additional dose of No 44 for one week.
7.   On 20 Jul 2015, we updated saying symptoms have aggravated. Restarted  Mesacol rectal suspension enema 4g/60ml to restrict loss of blood after informing  Dr Dipankar, who gave us the revised schedule of medicines.
8.   On 29 Jul 2015, we reported symptoms showing ulcers still active and also sent the Hemogram (CBC) report as was asked by Dr Dipankar.
9.   Spoke to Dr Dipankar on 30 Jul updated him then again updated him on 06 Jul wherein he gave us new schedule of medicines which we started next day.
10.   On 7 Aug 2015, we again received the revised regime of treatment and  also wrote back that we do not have ULCOL 521 and informed the same to Dr Abir.
11.   On 8 Aug 2015, received a mail for new sets of medicines costing Rs 1575.00 and started new regime on receipt.
12.   On 22 Aug 2015, we again informed that no remarkable improvement has been noticed so far after taking medicines for more the 10 weeks.
13.   Bleeding got controlled using Allopathic medicines but your medicine was not helping at all.
14.   We did speak to your Doctors on frequent motion but did not find much of help. This only meant, your medicines are not at all effective and your team is prescribing each course of treatment on trial basis.
15.   On 4 Oct 2015, we wrote letter to you along with the Fecal Calprotectin test result, which was very high. Fecal Calprotectin test was advised by our GI under whose treatment Shikha is and he said the result shows severe inflammation of colon and restarted allopathic treatment to control the colon inflammation.
16.   On the above letter, we wanted to let you & your teams know that even after 16 weeks of treatment, the inflammation had gone from bad to worse instead of better. Hence, we wanted to inform you about discontinuing your treatment.
17.   Till date we have not received any response to our mail dated 4 Oct 2015 after a lapse of more than 10 days.
In view of above, you are advised to refund Rs 20,040.00, we have paid so far. In case I don’t get any response within 15 days, then I will be forced to move legally to recover all cost including mental harassment. 


The email was written to Dr Paramesh Banerji on 15 Oct 2015 and reminder was sent on 30 Oct 2015, but no response.

 

Offline adv.amarnath

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Re: Consumer Law ; Deficiancy in services
« Reply #1 on: November 02, 2015, 07:07:43 AM »
I really do not understood what type of treatment it was. Is that distant medical treatment?? I can predict your point but you must clear your matter in details and elaborately. I do consumer cases and I am also from Kolkata. You can contact me for consultation in details.
Regards,

Amarnath Sanyal
Advocate
Email - adv.amarnath.sanyal@gmail.com
Mob - 09830303322

Offline Advocate M.Bhadra

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Re: Consumer Law ; Deficiancy in services
« Reply #2 on: November 02, 2015, 10:04:53 AM »
You should not have faith on homeopathy treatment. However you can send a Legal Notice to the said doctor for refunding your money to avoid litigation. Failing which you can file a case for deficiency of service, mental agony  and medical negligence in District Consumer Forum at Kolkata Unit where the doctor ordinary practices.

M.Bhadra,advocate at Kolkata,9836589246

 

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