• Being threatened with a legal notice

HI,

I need your assistance to get an advise. My father was admitted in a private hospital in July 2010 for medical treatment. It was a cashless treatment and all expenses was beard by Delhi Government health scheme ( DGHS ) since he was a government employee. Now the hospital is saying that DGHS instead of paying the money to the hospital transferred the entire money in my father's account in February 2011. They are now calling me after 5 years to pay that amount as my father passed away in May 2011. I informed them that its been now 5 years and I don't have any document to confirm if the amount was ever credited to my fathers's account. But later I found my father's salary account passbook and came to know that no money was ever transferred to his account. Now the hospital is telling me that i am lying and they take legal actions against me. I informed them even if the money was ever transferred to my fathers account then there is a possibility that he would have returned the money to the hospital at that time. Right now i have nothing to prove them because it is a fiver year old story. The hospital people are keep calling me every now and then and because of this i feeling very much mentally harassed. Please help me with the options i have.
Asked 2 years ago in Civil Law from New Delhi, Delhi
1) you have no need to worry . claim of hospital is barred by limitation . 

2) even if facts mentioned by hospital are true what were they doing for period of 5 years . 

3) under no circumstances sign  any document admitting your liability to make payment . 

4) if hospital had not been paid its dues it ought to have sued your father within period of 3 years . 

5) in case any legal notice is issued engage a local lawyer and reply to notice . 

6) if threats continue record the conversation and file complaint against hospital  and person giving the threats for criminal intimidation
Ajay Sethi
Advocate, Mumbai
23079 Answers
1212 Consultations
5.0 on 5.0
Hi, now the hospital authority can not claim the amount as the amount is time barrad and they can not recover the amount now even though it is due by your late father.

2. If the hospital  authority called you ask them to take legal action and don't call you again.
Pradeep Bharathipura
Advocate, Bangalore
4104 Answers
133 Consultations
4.3 on 5.0
your father was the beneficiary of the government scheme and got benefit according to scheme. the money due was to be paid by government to the hospital so your father was in the picture and also not responsible for that. this due also does not come under debt so it is not recoverable from your father's property so don't worry and be co-operate the hospital to show that you are innocent and having no prejudice.
Shivendra Pratap Singh
Advocate, Lucknow
2693 Answers
41 Consultations
4.9 on 5.0
you are not bound to take details of bank statement because it is responsibility of the government to pay expenses if it is cleared by the government. if hospital take legal action against you then it is bound by law to produce some evidence in support of it's claim then it can produce any evidence of disbursing of money in your father's account then you should plead your stand. don't worry about that and collect all evidence because it'll be needed in future.
Shivendra Pratap Singh
Advocate, Lucknow
2693 Answers
41 Consultations
4.9 on 5.0
Dear Querist 
you can send a legal notice through a lawyer to stop doing this type of harassment by hospital staffs and if they are file a civil suit for recovery against you then fight the case on merit.

their suit for recovery is time barred suit & they can not recover any thing from you.

get the statement from bank & checked that the amount if credited or not, if not then you may file a defamation case against hospital and staff and claim compensation.
Nadeem Qureshi
Advocate, New Delhi
3513 Answers
129 Consultations
4.9 on 5.0
1. The passbook of your father's salary account does not reveal the credit of amount from DGHS to his account, which implies there is no documentary evidence on the basis of which the hospital can claim that amount was transferred from DGHS to his account and not the hospital.

2. Without going into the merits of the claim of hospital, the claim cannot be made after a gap of 5 years. It seems to be an afterthought to extract money from your father.

3. The hospital ought to have initiated proceedings for recovery against your father within a period of 3 years if its dues were not paid, which it did not do.

4. If you are issued a legal notice by the hospital then reply to it through your lawyer. 

5. If the hospital authorities do not cease calling you then file a complaint for criminal intimidation.
Ashish Davessar
Advocate, Jaipur
18049 Answers
445 Consultations
5.0 on 5.0
1) since  the phone calls have been cause of great deal of worry for you visit the bank and obtain bank statement for the relevant period

2) check whether money has been transferred to your father account and whether he in turn paid the hospital . 

3) even if your father did not make any payment the claim of bank would still be barred by limitation  .
Ajay Sethi
Advocate, Mumbai
23079 Answers
1212 Consultations
5.0 on 5.0
1. The claim of the nhospital has now become time barred since it has passed 3 years limitation period,

2. As such the hospital can not claim the said amount directly from you since your father has not committed any mistake and if anybody has created any mistake here then it is the hospital itself for sleeping for such a lond time and also by DGHS  authorities if it is a fcatr that the said amount was trsneferred to your father's account in place of the hiospital's account,

3. Send a reply to the hospital's legal notice through your lawyer refuting the claim that the said money was transferred to your father's account,

4. Moreover, you can not be forced to pay for your father's hospital dues after his demise,

5. In  case of any criminal intimidation, file a criminal case or lodge a police complaint.
Krishna Kishore Ganguly
Advocate, Kolkata
12027 Answers
226 Consultations
5.0 on 5.0
1. You need not worry at all,

2. There can be no claim legally lodtged against ou for your father's unpaid hospital expenses incurred before 5 years,

3. Reply to the ospital that you have no information of his such receiving the said payment and that he has already expired long back,

4. You can not be made to pay for your father's dues unless you have received father's property & for recovering such amount from you the hospital shall have to file a recovery suit against you which is not possible now since the calim has already become time barred.
Krishna Kishore Ganguly
Advocate, Kolkata
12027 Answers
226 Consultations
5.0 on 5.0

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