Mumbai: A district consumer commission has directed an organisation and a doctor to refund the entire treatment amount for a tooth implant to a patient after the second implant did not happen in the scheduled time due to which the patient had to get it done elsewhere.
Besides directing a refund of ₹27,600 with 6% interest per annum, it directed ₹15,000 to be paid towards mental agony and litigation cost.
The order dated December 30, 2022 (uploaded February 2, 2023) was passed by S S Mhatre, president and MP Kasar, member of District Consumer Disputes Redressal Commission, central Mumbai on a complaint by Parel resident, Pramod Shivram Babudkar against Sion based Manav Seva Sangh and Dr Chirag Desai.
What happened with the patient
Pramod got his implant done through Dr Desai at the Manav Seva Sangh where he visits twice a week. The Sangh had stated through an advertisement about the special offer being made for the implants. In April 2017, he paid ₹12,500 and the first implant was done. He was told that he will have to wait for two to three months for the second implant to happen as osseointegration takes around that much time. Osseointegration is defined as the formation of a direct interface between an implant and bone, without intervening soft toughness.
However, despite several follow-ups, the implant did not happen instead the implant that was done had to be moved. Pramod said that he had to eat from one side which caused other teeth to loosen. And that when he went to another private doctor to get the implant done, it was done in four months' time at a charge of ₹60,000.
When the matter reached commission, the doctor stated that Pramod was called time and again and he did not turn up and that he did not keep the required cleanliness.
During the hearing, the commission observed that the doctor could not break down the allegations that the implant had to be moved due to the complainant's fault and that there was a delay. Stating that the complainant had proved that there was a deficiency in service, it directed the compensation be paid.
