Regional Cancer Centre To Reimburse Cost Of Medicines Used: NCDRC Upholds

The National Consumer Disputes Redressal Commission bench comprising Justice Ram Surat Ram Maurya as the presiding member and Dr. Inder Jit Singh as the member upheld the decision of the Kerala state consumer forum directing the regional cancer centre to reimburse an amount of Rs.4,40,466 for the medicines used in the treatment.

In the case at hand, Regional cancer centre, Thiruvananthapuram is a state owned society formed by the governments of Kerela and India for cancer treatment and research. The respondent herein had contended before the district forum that chemotherapy and biotherapy with the Mabthera was given to him. However, the treatment cost relating to Mabthera was not taken up by the cancer centre. Here the district forum concluded that the cost of the said drug has to be reimbused by the cancer centre to the original petitioner.

Later on the cancer centre approached the state forum where it was concluded that the cancer centre will have to reimburse an amount of Rs.4,40,466 for the medicines used in the treatment.

Resultantly the petitioner herein approached the High Court of Kerala where the petition was dismissed as the court observed that the petitioner has a remedy by way of revision in front of the national commission. The high court hence declined to exercise its jurisdiction under Article 226 of the Constitution.

The petitioner herein filed for revision after a delay of 617 days, however the delay was condoned as the commission observed that the revisionist was bona fide litigating before the High Court of Kerela.

It was observed by the commission that the petitioner has only repeated his contentions which were raised before the District Forum as well as State Commission. 

It has been argued by the petitioner that the respondent had very clearly agreed to the condition that he would abide by the rules and conditions laid down in the prospectus for the cancer care for life scheme offered by regional cancer centre society Trivandrum and that he agreed to accept any decision of the society as final regarding membership, facilities and such other things related to his treatment. The membership to the scheme is subject to such other rules, conditions formulated by the petitioner cancer care institution and it is also subject to decisions taken by the petitioner cancer institution from time to time. The scheme does not cover all expenses relating to the diagnosis and treatment of cancer. The cancer care for life scheme will not include all the treatments associated with cancer treatment.

After going through the scheme documents and other relevant records as well as after hearing the contentions of both the sides the bench observed that the reasons given by the petitioner herein are not valid and no infirmity was found in the order of the state commission. 

The revision petition was accordingly dismissed.

Case: REGIONAL CANCER CENTRE V. R. BAHULEYAN

Advocate present for the petitioner: Mukund P. Unny 

Advocate present for the respondent: Abraham Mathews and Anil Anvar