Charged ICCU rates while keeping patient in general ward; now must refund ₹2 lakh

The West Bengal Consumer Court has ordered a hospital to refund ₹2 lakh after it charged ICCU rates to a patient admitted to the general ward. Additionally, the hospital must pay ₹50,000 in compensation and ₹25,000 towards litigation costs.

The patient was allotted a bed in the general ward, but the family was shocked upon seeing the bill. Instead of the general ward rate, ICCU charges were added to the bill for the bed the patient occupied. They had to pay ₹2 lakh at the time of discharge. When the matter reached the consumer court, questions were raised regarding the hospital's billing practices, and the court has now ordered a refund.

This incident dates back to May 2021. Anindya Chakraborty was admitted to Ispat Co-operative Hospital on the night of May 1 and remained there until May 6. Chakraborty stated that his family had presented a valid 'Swasthya Sathi' card, but the hospital refused to extend the benefits associated with it. According to the patient, he was kept in the general ward; however, the hospital bill included charges for an ICCU bed. He had to pay ₹2 lakh at the time of discharge.

Discrepancy revealed in records

While hearing the case, the West Bengal Consumer Court examined the discharge summary and the final bill. The court observed that while the records listed a general ward bed for the patient, the bill charged for an ICCU bed. The court deemed this incorrect billing and an improper collection of charges. It further stated that a hospital bill must accurately reflect the treatment provided and the patient's records.

The hospital argued that during the COVID-19 pandemic, general wards were converted into ICUs based on necessity. It also claimed that the bed-related information in the discharge certificate had been entered erroneously. The state court refused to accept this argument in the absence of concrete evidence, noting that the hospital failed to provide substantial proof to substantiate the claim that the general ward had been converted into an ICU. Relief regarding the 'Swasthya Sathi' scheme

The court upheld the patient's grievance that the benefits of the 'Swasthya Sathi' card had not been extended to them. According to the court, under this scheme, the patient does not make the payment personally; instead, the government pays the hospital. Consequently, a relationship of 'customer' and 'service provider' is established between the patient and the hospital.

The court set aside the District Consumer Court's order dated March 28, 2024. The hospital and its chairman have been ordered to refund ₹2 lakh. Additionally, they are required to pay ₹50,000 as compensation and ₹25,000 towards litigation costs. The court has directed that these orders be complied with within eight weeks from August 25, 2026.