The District Consumer Disputes Redressal Commission, Mohali, has held that a successful surgery alone does not absolve a hospital of its responsibility to maintain basic standards of hygiene, directing Cloudnine Hospital in Mohali to pay ₹30,000 in compensation after finding that a new mother was served soup containing a piece of plastic and was provided with unhygienic amenities during her stay.
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Declining Kapoor’s plea for refund of the package amount and ₹3 lakh compensation, the commission said no medical injury or financial loss had been established. However, it directed the hospital to pay ₹30,000 towards deficiency in service, mental agony, harassment and litigation expenses within 30 days, failing which the amount will carry interest at 9% per annum. All three opposite parties were held jointly and severally liable to comply with the order.
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A bench comprising president SK Aggarwal and member Paramjeet Kaur observed that the complainant had not alleged any medical negligence and the medical records established that she and her newborn remained healthy during the hospital stay.
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The commission partly allowed a complaint filed by Pratibha Kapoor, who had booked Cloudnine Hospital’s “bundle of joy – c-section delivery deluxe package” for ₹75,000 after a discount. While the commission found no medical negligence in the caesarean section or post-operative treatment, it held that the hospital had failed to maintain the expected standard of service.
Kapoor had alleged that she was admitted to the hospital on November 12, 2022, underwent a caesarean section and delivered a healthy baby girl. She claimed that despite opting for the deluxe package, the hospital failed to provide several promised hospitality services, including room decoration and a cake-cutting ceremony.
However, the commission held that the hospital’s own admissions, coupled with photographs produced by the complainant, established deficiency in service. It observed that hospitals are expected to maintain proper hygiene and quality in the food and amenities provided to patients, particularly mothers recovering after childbirth.
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She further alleged that she repeatedly complained of constipation and sought consultation with a dietitian but was not provided one. According to the complaint, the attendant’s couch supplied by the hospital was dirty, foul-smelling and replaced only after two days despite repeated requests. She also alleged that the towels supplied were dirty and torn.
The complaint stated that on November 14, 2022, she found a piece of plastic in the soup served to her while recovering from surgery. Kapoor later issued a legal notice seeking a written apology, refund of the package amount, ₹3 lakh as compensation and litigation costs.
Cloudnine denied all allegations of medical negligence and maintained that the surgery was successful and both the mother and child remained medically stable throughout their stay.
The hospital, however, admitted that a defective towel had inadvertently been supplied and that a small piece of plastic was accidentally found in the soup, adding that both were immediately replaced. It argued that these were isolated human errors that did not amount to negligence.
