The National Consumer Disputes Redressal Commission, headed by presiding member B C Gupta, also allowed a revision petition filed by one A Nageswara Rao, whose wife died in 2007 after being hospitalised in Vijayawada, and directed the ESI Corporation to pay Rs 2 lakh as compensation and Rs 5,000 as litigation cost to him for their "clear-cut deficiency".
The NCDRC set aside the Andhra Pradesh state commission order and said the ESI hospitals were bound to ensure that their patients do not suffer.
"It is thus their bound duty to ensure that patients do not have to suffer on account of completion of administrative formalities only," the NCDRC added.
According to the complaint filed in the district consumer forum, Rao, a retired employee and member of ESIC scheme, had taken his wife to a ESIC hospital on January 17, 2007 as she was suffering from hypertension and heart ailment.
It was alleged in the complaint that the hospital, which lacked basic monitoring facilities, had even failed to refer her to a super-speciality hospital.
The hospital contended before the district forum that it cannot refer a patient for super-speciality treatment without an eligibility letter issued by the ESI Corporation.
The NCDRC held that the hospital's version made it clear that it should have referred the patient to a super-speciality hospital, but kept her in their general ward where they did not even have a cardiology department.
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