“There is neither any representation on behalf of the opposite party (Ayurvedic hospital) nor any evidence or material placed on record by the opposite party to demonstrate any valid legal, statutory, or contractual reason for withholding or refusing the refund, especially under such unfortunate circumstances involving the death of the patient before even consuming the medicines and the therapy sessions taken by the patient, unrendered therapy sessions, which not only amounts to unjust enrichment but also constitutes unfair trade practice,” the September 7 order read.
Son died, medicine unused
The elderly couple claimed that their son was undergoing chemotherapy for colorectal cancer. It was alleged that for palliative care and supplementary immunity-supportive treatment, they approached the said hospital, which provides Ayurvedic immunotherapy for chronic diseases, and paid a total amount of Rs 58,300 on September 17, 2025 for a three-month supply of medicines, consultation and 10 therapy sessions.
Unfortunately, their son developed vomiting and severe intestinal obstruction two days later, and due to his deteriorating condition, he was admitted to a hospital where he underwent surgery and was discharged on October 6, 2025. The couple added that they informed that ayurvedic hospital about the hospitalisation of their son and the said emergency treatment.
It was submitted that the said Ayurvedic hospital delivered the medicines on October 16, 2024, but the complainant’s son was again rushed to the hospital as his condition deteriorated, and he passed away on October 24, 2025.
In view of the death of their son, the couple returned the whole lot of unused medicines and sought a refund of the amount paid to the hospital, but despite several request emails and reminders, the hospital has failed to refund the amount till date. Aggrieved, they moved the commission, seeking compensation and refund of the amount.
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‘No refund despite request’
The commission found that it is evident from the mail communication and WhatsApp messages and from the legal notice that despite repeated requests by the couple, the hospital failed to refund the amount that was paid for the unavailed services and unconsumed products.
However, the commission noted that the hospital failed to appear and contest the case, nor did it field any evidence. Accordingly, the commission directed the hospital to refund a sum of Rs 53,000 to the complainants towards the cost of unused medicines and unutilized therapy sessions on the condition of return of the medicines by the couple.
It also directed the hospital to pay Rs 10,000 towards compensation and legal expenses.
Takeaway
This ruling highlights that where medicines and paid therapy sessions remain unused because of the death of a patient, a service provider cannot retain the amount without a valid justification, and failure to refund it may amount to unjust enrichment and an unfair trade practice.
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Aggrieved consumers may contact the consumer helpline in their respective states (Telangana: 0771-2582902) or call the National Consumer Helpline at 1915 for assistance.
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