• False complaints for extracting money

An American National Mr George Paul,age-50  ,alcoholic and HIV +,who was admitted in our center CRYING HELP  on 15th of Dec ,2015 for treatment. Once the Detoxification got over after 8 days and he became normal, The patient was bent upon going back on pretext of
1) Health Issues (HIV+) which was found out by medical test conducted here and doctor telling him the consequences of going downhill and then his refusal to take medicine for HIV ,
2) His disbelief in AA Program ,
3) His anxiety level about his relationship with his partner who admitted him here
4) Passing indecent signals and soliciting  co-patient
5) Being American Threatening of filing a case accusing us of keeping him in captivity against his will
6) Indian food Served here
To convince him we called up his partner(Gay) who spoke to him on phone and told him to continue his stay but again after a week  he started doing same in excess and walked out of the center He left the center on 28th of Dec-2015 with his own choice and free will and taking responsibility of thereafter and agreeing not to claim any refunds .He was told to come and stay here anytime if he is sober. He went home, stayed well and then exchanged mails also for appreciating the center ,the group and taking good care of him(Copies of all mails and documented proof  is with us)
But again after 1 month on the night of 30th January at around 2 am in midnight, he again came in a badly drunken state and wanted to stay here again. But he being prone to gastro attack had a gastro attack  and having suicidal tendency with lot of medical issues and absence of any companion we sent him back only after we served him meal and water and then arranged a cab and also gave money for the  ola cab, all of which is  all recorded in cctv. We didn’t feel it right to take him inside because of the risk associated with his health and mood swing and that too without any documents. we would be held responsible if anything goes wrong. Now after so much time passed away , and he again started drinking non-stop, his partner put him in a cab and sent him to us for admission which we politely did,nt do . Now his  partner Mr James George is threatening to file a complaint against us  in police, American embassy and Bangalore mirror(through His writer friend in Bangalore Mirror)  to get refund  .If not given he threatens to shut down our institution ,having a special provision to American citizen.We have given complaints to sammaenngi police stn and human right too
Asked 2 years ago in Civil Law from bangalore, Karnataka
1) don't bow down to blackmail tactics 

2) American citizen had sent you emails appreciating treatment given to him

3) he left on his own accord against medical advice 

4) you were willing to admit him again provided he completed the formalities 

5) you were justified in refusing to admit him on account of his constant threats and obnoxious behaviour 

6) yiu can offer partial refund if he left centre in between on his own accord 
Ajay Sethi
Advocate, Mumbai
46601 Answers
2756 Consultations

5.0 on 5.0

1) There is no reason to worry about the empty threats of the guy as you have provided service for whatever you have been paid for and have not deviated from regulations laid out.

2) Filing a complaint in the police station was the right move at this juncture. If no FIR has been filed, insist the police to file an FIR so that thee guys are taken to task as per the sections charged including criminal intimidation.
S J Mathew
Advocate, Mumbai
2263 Answers
110 Consultations

5.0 on 5.0

Hi, If he want to lodge a police complaint he can lodge you can contest the case on merits.

2. As per law he can't do anything  they wanted to extract money form you. He will not do anything. If they go for legally you can also contest the case on merits.
Pradeep Bharathipura
Advocate, Bangalore
4561 Answers
204 Consultations

4.5 on 5.0

There are no special provisions for American citizens under Indian law. You have not violated any provision of law. Institutions cannot be shut down in such a whimsical manner. This seems to be an overly freaked out American, so ignore him. You are on the right track by complaining to police and Human Rights Commission.
Ashish Davessar
Advocate, Jaipur
23084 Answers
639 Consultations

5.0 on 5.0

you should file a case for attempt to extortion u/s 383/511 IPC. She cannot demand treatment cost because her husband has committed breach by unfollowing your instruction. Every line of treatment has some norms to be followed by patient for cure, if doctor has chosen correct line of treatment and performed his duty as par the standard of practice he cannot be afterward charge for medical negligence. Dr. A. Iyer vs State of Chhattisgarh AIR 2016. 
Shivendra Pratap Singh
Advocate, Lucknow
5066 Answers
78 Consultations

4.9 on 5.0

Dealing with foreigners on such issues will be more sensitive and hazardous than dealing with patients from local.
No doubt you organisation rules may not permit you to make refund, s a special case, you have to bend the rues to make the refunds atleast to some extent  so that you avoid unnecessary litigation or police problem.
As per law they cannot do anything, but when the police is involved, they will not listen to any of your claim or requests.  The police after initiating action will be asking you to answer all those things in the court before judge. A stitch in time saves nine  Therefore you may analyse the situation and take a wise decision accordingly. 
T Kalaiselvan
Advocate, Vellore
36720 Answers
403 Consultations

5.0 on 5.0

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