Dr. Chhajer of Saaol Heart Center learned the hard way of not delivering on tall claims. He had publicly advertised that he could cure heart ailments by performing a natural bypass and bio-chemical angioplasty. Yatish, a septuagenarian with heart problems, was clearly bewitched by Dr. Chhajer’s advertisement. He started the treatment at Saaol Heart Center hoping for a healthier heart for the rest of his life. The claims turned out to be false after the completion of treatment which took a little over five months.
Yatish got an angiography performed from Fortis Hospital and its result surprised him – his heart had blockage of 95% and 80-90% before commencing the treatment and it remained the same after its completion.
His hope was shattered and was heartbroken. The only thing he possibly could do was to approach the court of law. And that’s what he exactly did. Yatish presented his case as stoically before State Commission – Rajasthan as he possibly could. He was duped after all. He alleged Dr. Chhajer and Saaol Heart Center of unfair trade practice as they had claimed to remove the blockage without any surgery. How many would not believe the claim of doctors when it comes to extending life, concluded Yatish as a pleaded for justice and compensation.
The doctor did not help his own case by presenting a very weak defense. Perhaps there was nothing to defend. He stated that the patient had signed a letter of satisfaction and that proved he was happy with the outcome. The doctor also presented a consent letter in an attempt to bolster his case. He further stated that the patient is a 78 year old man and success of the treatment depended on his build and general medical condition among several other factors. The doctor concluded by making a false submission that he never advised the patient for an angiography.
The Commission didn’t seem to be happy with the doctor’s defense as it was proven from the treatment records that Dr. Chhajer had indeed advised an angiography to be performed at Saaol Heart Center while the patient was under treatment. The Commission stated that facts about patient’s age and his medical condition were well known to the doctor before he began the treatment. It was further stated that the consent letter presented by the doctor was only for the treatment and the letter of satisfaction did not hold any value as there was no change in patient’s condition. Neither of the documents could exonerate the doctor.
The Commission observed that it was a clear case of false representation and unfair trade practice and stated that the doctor and his hospital are guilty of unfair trade practice as “they have adopted deceptive practice by making false statement in writing that they are able to cure heart disease by natural bypass and bio-chemical angioplasty.” The doctor was found guilty and was ordered to compensate Yatish. He seemed to have got what more than he hoped for this time.
Source:Order pronounced by Rajasthan State Consumer Disputes Redressal Commission on 6th April, 2017.