• Payment return

Hi,

We recently commenced a surrogacy programme in a hospital in Hyderabad (paid $15000) but just at the start realised that we will be son having our own baby. We contacted the hospital to deduct all the expenses incurred so and return the remainder as we will not be progressing any further but the hospital openly refused to refund as there is 'no refund policy', and the below response:

We get several patients in a month for our IVF and Surrogacy program, 1 out of 100 may get pregnant naturally, in such a scenario there are two options.

1.      The Agreement stands null and void, as per the wishes of the parent.

2.      We give the IP’s the opportunity to continue with the program whenever they want to even 3/4/5 years down the line.

In any scenario there is no refund because our program is devised in such a way that the clinic only makes a profit when the patient conceives.

Please refer to clause 12 of the agreement, which says All of the installments being Non Refundable .

It is clinic policy which is in place since long and we cannot change it for anyone.

After providing for your stay,  Donor/Surrogate compensation, Blood tests, ART bank payment, Doctor’s fees, Lab charges, Consumables, Lawyer and court fees etc we are left with 1200us$, so it makes sense that you continue with the program whenever you feel comfortable after you have this baby rather then get a refund for 1200us$.


Can you advise on what legal options I have in this case?

Thanks

Raj
Asked 5 months ago in Criminal Law from United Kingdom
Religion: Hindu
1) issue legal notice to hospital to refund money paid by you as you do not want to continue with the proram 

2) if they fail to do so file complaint before consumer forum against the hospital and seek refund with interest ,

3) also claim litigation costs and compensation for mental torture undergone by you 
Ajay Sethi
Advocate, Mumbai
23405 Answers
1230 Consultations
5.0 on 5.0
Since you have agreed to sign this agreement after going through the terms of non refund police you are bound to comply with it.
However if the programme is at very initial stage and the hospital has not incurred much costs you may file a case before the consumer forum and seek refund.
If it is established that you had no option but to sign this agreement then the Forum would surely ask the hospital to refund rest of the amount.
Devajyoti Barman
Advocate, Kolkata
5248 Answers
54 Consultations
4.9 on 5.0
Dear Raj
As per clause mentioned by you, when there is no refund policy then you can not claim the refund form them.
It will be better to settled the matter amicably with them if possible otherwise the chance for winning the case is not seen.

Feel free to call 
Nadeem Qureshi
Advocate, New Delhi
3539 Answers
131 Consultations
4.9 on 5.0
The agreement which is the charter of rights and liabilities, ranks sacrosanct after it has been executed. If there is a clause of no refund in it then the hospital cannot be made liable to refund the fee. 
Ashish Davessar
Advocate, Jaipur
18266 Answers
451 Consultations
5.0 on 5.0
First of all if there was an agreement entered between you and the hospital, by which you agreed to all the terms and conditions and signed it, the contents of the said agreement are to be seen for rendering a proper pinion and suggestions to recover the amount, if you are eligible.

The quote given by the clinic about the break up of all such expenses as mentioned therein in their reply are not acceptable because that is not the bone of contention. 
Further the expenses incurred by the hospital in your case cannot be such an exaggerated figure, in any case since there was no mention about it in the agreement, it is not acceptable to you. 

You can issue a legal notice mentioning the reasons for termination of the contract under any such clause as found suitable in the agreement and demand refund of your deposit after deduction of nominal expenses. 

This legal notice can be followed by a case before the consumer court for refund and compensation for mental stress caused by the hospital in this regard. 
T Kalaiselvan
Advocate, Vellore
14177 Answers
128 Consultations
5.0 on 5.0
You can through kaanoon.com obtain email id and phone number of lawyer you want to consult 

Yiu would be charged fees for vetting agreement 
Ajay Sethi
Advocate, Mumbai
23405 Answers
1230 Consultations
5.0 on 5.0
No stamp is required to be affixed on the agreement as it is not required to be mandatorily registered. Be that as it may, you are free to obtain the contact details of any member from the administrator.
Ashish Davessar
Advocate, Jaipur
18266 Answers
451 Consultations
5.0 on 5.0
You can contact any lawyer of this forum  in particular for engaging the services of the chosen lawyer  to cater your needs. 

The call what you have given in this public forum is general in nature, hence choose a lawyer after going through his/her credentials and after phone consultation, you may proceed to entrust the assignment itself if you are satisfied with the particular lawyer's performance. 
T Kalaiselvan
Advocate, Vellore
14177 Answers
128 Consultations
5.0 on 5.0
1. Had they not spent the amount paid by you, you could have claimed back the unused portion of the amount paid by you,

2. They have very cleverly showed that they have already spent most of the amount paid by you and there is hardly anything left to be worthy to be claimed by filing Court case,

3. However, you can try by filing a complaint case before the local District Consumer Dispute Redressal Forum for falsely showing expenses when there has been no mentionworthy expenses on you.
Krishna Kishore Ganguly
Advocate, Kolkata
12143 Answers
234 Consultations
5.0 on 5.0
1. You can claim that the said agreement was one sided and the hospital was in a dominating position to get the said one sided  agreement signed by you,

2. File the complaint case before the consumer forum as suggested in my earlier post. 
Krishna Kishore Ganguly
Advocate, Kolkata
12143 Answers
234 Consultations
5.0 on 5.0

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