Plastic In Soup, Dirty Towels: Mohali Consumer Commission Holds Cloudnine Hospital Liable For Deficiency In Maternity Care Package

The District Consumer Disputes Redressal Commission, SAS Nagar (Mohali), Punjab, comprising President S.K. Aggarwal and Member Paramjeet Kaur, has held Kids Clinic India Private Limited (operating as Cloudnine Hospital) liable for deficiency in service after a woman recovering from a Caesarean delivery was provided unhygienic amenities and contaminated food during her post-delivery stay under the hospital's "Bundle of Joy – C-Section Delivery Deluxe Package." The Commission held that although no case of medical negligence was made out, the hospital failed to maintain the expected standards of hygiene and quality in the ancillary services promised under the package. Facts The complainant, Mrs. Pratibha Kapoor, booked Cloudnine Hospital's "Bundle of Joy – C-Section Delivery Deluxe Package" for ₹75,000, under which the hospital promised value-added services, including room decoration and a cake-cutting ceremony. She was admitted on November 12, 2022, underwent a Caesarean section and delivered a healthy baby girl. She alleged that despite paying for the deluxe package, the hospital failed to provide the promised services. According to her, the cake-cutting ceremony was cancelled without prior notice, the room arrangements were poorly managed, and she was provided with a dirty attendant's couch and torn towels that were not replaced despite repeated requests. She also alleged that the hospital ignored her dietary concerns after surgery and that a piece of plastic was found in the soup served to her. After being billed ₹1,03,192 upon discharge, she issued a legal notice seeking an apology, refund of the package amount and compensation. Alleging deficiency in service and unfair trade practice, she approached the Consumer Commission. Contentions of the Parties The hospital denied any deficiency in service, contending that the complainant had voluntarily opted for its maternity package after being satisfied with its facilities and reputation. It submitted that the Caesarean delivery was successful, both the complainant and her newborn remained medically stable, and all necessary treatment and post-delivery care were duly provided. It further contended that the complainant, being a professional dietitian, insisted on following her own diet plan instead of the hospital's prescribed diet. The hospital claimed that all complimentary services promised under the package had been provided. While admitting that a defective towel had been supplied and a piece of plastic had accidentally been found in the soup, it described these as isolated human errors that were immediately rectified. It also asserted that the cake-cutting ceremony could not be organised because the complainant failed to confirm the schedule in time. Commission's Observations The Commission observed that the complainant had not alleged any medical negligence in the Caesarean procedure and that the medical records established both the complainant and her newborn were discharged in satisfactory condition. It therefore confined its examination to the alleged deficiency in the ancillary services provided under the maternity package. The Bench noted that the hospital had admitted supplying a defective towel and that a piece of plastic had accidentally been found in the soup served to the complainant. Coupled with the complainant's photographs, these admissions established deficiency in service. Observing that hospitals are expected to maintain proper standards of hygiene and quality, particularly for patients recovering from surgery, the Commission held that supplying unhygienic amenities and contaminated food, even if accidental, fell below the expected standard of service. However, the Commission declined to order refund of the package amount, holding that the delivery had been successful, no medical injury had been established, and the remaining grievances did not justify refund of the entire package amount. Partly allowing the complaint, the Commission directed Kids Clinic India Private Limited (Cloudnine Hospital) to pay ₹30,000 to the complainant towards deficiency in service, mental agony, harassment and litigation expenses within 30 days of receipt of the order. It further directed that, in the event of default, the amount shall carry interest at 9% per annum. All the opposite parties were held jointly and severally liable to comply with the order. Case Title: Mrs. Pratibha Kapoor v. M/s Kids Clinic India Private Limited @ Cloudnine Hospital & Ors. Case No.: Consumer Complaint No. 75 of 2023. Appearances: None appeared for the complainant. Ms. Shreya Gupta, Advocate, appeared for the Opposite Parties. Click Here To Read/Download Order

Plastic In Soup, Dirty Towels: Mohali Consumer Commission Holds Cloudnine Hospital Liable For Deficiency In Maternity Care Package

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Plastic In Soup, Dirty Towels: Mohali Consumer Commission Holds Cloudnine Hospital Liable For Deficiency In Maternity Care Package

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