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Synopsis

The Delhi High Court on Tuesday directed the State government to pay Rs. 16,93,880 as reimbursement amount for Covid-19 treatment to Additional District Judge (ADJ)- 02 South District Saket Courts, New Delhi.

ADJ Dinesh Kumar was admitted in a hospital from May 22, 2021, to June 7, 2021, to be treated for Covid-19.

Senior Advocate JP Sengh appearing for Kumar contended that during the aforementioned period, there were no hospital beds available for his treatment in an empanelled hospital in Delhi, that due to dropping in oxygen levels he was rushed to the nearest one, and remained on a ventilator for three weeks.

Sengh further contended that Kumar was in a helpless state and had no option but to pay the entire amount of Rs. 24,02,380/- to the hospital. He contended that Kumar could not be blamed or penalized for charging amounts higher than those prescribed by the concerned authorities. The senior counsel further argued the concerned authorities to take action against the hospital in case it had violated the circular dated June 20, 2020.

On the contrary, Advocate Avnish Ahlawat appearing for the Delhi government contended that the hospital should be directed to explain as to why it had not abided by the circular of 2020 issued by the government. She further contended that the hospital should be directed to refund the excessive amounts charged to Kumar.

Taking note of the submissions, Justice Rekha Palli stated that the concerned authorities are justified in urging that the hospital charged much beyond what was prescribed in the 2020 circular issued by the GNCTD, and it is only because of the said overcharging that Kumar had to incur much higher expenses than what have been reimbursed to him.

“However, the fact remains that during April and May 2021, when the residents of Delhi were not only struggling to get hospital beds, but there was also a huge shortage of oxygen, the petitioner, had no other option but to take treatment at respondent no.5, and has thankfully survived. One shudders to think what fate the petitioner would have met if he had not, at that point, been treated at respondent no.5 hospital”, the court stated.

The single-judge bench noted that Kumar spent his hard-earned savings while undergoing treatment to save his life, and could not be told that since the hospital failed to abide by the 2020 circular, he should seek a refund from the said hospital which saved his life.

The court observed, “This Court does not deem it appropriate or necessary to delve into the validity of the circular dated 20.06.2020, in the present petition, where an officer of Delhi Higher Judicial Service is seeking simpliciter reimbursement of the amount for the bona fide expenses incurred by him for treatment at the respondent no.5 hospital for Covid-19 when the city was engulfed with the second wave of the pandemic.”

Rejecting the contention of the counsel of the Delhi Government that the hospital should be directed to explain its action of charging amounts higher than the ones prescribed in 2020 circular, or should be directed to refund Rs. 16,93,880, Justice Palli stated, “In the light of the aforesaid, I have no hesitation in holding that the respondent nos.1 to 3 ought to forthwith reimburse the petitioner by paying him the differential amount of Rs.16,93,880/-, and if permissible, recover the same from the respondent no.5.”

Furthermore, the court clarified, “This Court has not expressed any opinion on the validity of the circular dated 20.06.2020 and therefore, it will be open for respondent nos.1 to 3 to pursue its remedy as per law, against respondent no.5, including taking penal action, and recovery of any amount which it perceives has been charged in excess.”

Accordingly, while allowing the petition, the court directed the concerned authorities to pay Rs. 16,93,880 within four weeks, as noted in the communication dated May 2, 2022.

 Case Title: Dinesh Kumar v. Government of National Capital Territory of Delhi & Ors.