9 September 2011
*Psychiatrist Dr Fabian Almeida* *who has been running a day care centre
here for five years says** society doesn’t even want them sitting on
benchesas their ‘infection’ may spread
*
*
*
*Yogesh Sadhwani*
*MUMBAI : *Office bearers of a Kalyan society have asked a psychiatrist
operating from a clinic on the ground floor not to allow his patients to
either play or loiter in the compound.
*Dr Fabian Almeida, seen here with his patients, says office bearers of
the Shree Yashoda Vinayak Sankul (below) are now asking him to pay to use
the premises.
Pic : Santosh Shinde*
Dr Fabian Almeida, a consulting psychiatrist, runs the day care centre from
10 am to 4 pm at Shree Yashoda Vinayak Sankul in Kalyan (W). The patients,
who are mentally deficient, are taken out to play for half an hour every day
as part of their therapy. Dr Almeida has been operating the clinic from
these premises for the last five years and says he has all the required
licenses to do so.
However, recently some members of the society approached him saying that his
patients are not allowed to sit or play in the compound as they were a
‘hazard’ to the building’s residents.
A few days later another resident walked up to one of his patients and
yelled at them. “The 40-year-old patient went into a shell and wouldn’t
speak for two hours. The therapy went gone down the drain,” Dr Almeida said.
*
*
*Patients not allowed to use compound loo*
He added that he was told that his patients sitting on the bench in the
compound could result in the ‘infection spreading’.
“The member told me that the germs from mentally ill patients could spread
to others in the society. I was sternly told not to allow them to sit on the
bench. Even the common toilet in the compound is not to be used by my
patients,” said Almeida adding, “Other shopkeepers and even vendors are
allowed to use the common toilet. But, the society had a problem with my
patients using the loo.”
The doctor has a loo in his clinic but not many patients are comfortable
using it as it has a western commode.
Dr Almeida’s Wellspring Counselling Clinic is only one of its kind right up
till Dadar.
*
*
*Society demands several thousands of rupees in arrears*
“I tried reasoning with the society that the patients are on path to
recovery and will not cause any nuisance. I have been operating here for the
past five years. However, when I realised that the society was being
unreasonable I asked them to give me everything in writing,” he added.
Following this, the society submitted a two-page letter asking him to not
use the compound in any manner.
“When we allow other members to use the compound or terrace for functions we
charge Rs 500 per day. If you intend on allowing your patients to play
outside you will also have to pay up. Considering your patients have been
doing so for several months you will have to pay dues amounting to several
thousand rupees,” the letter signed by chairman, secretary and treasurer
states.
It also states that for use of the compound in future he should obtain
permission in advance and if his request is accepted he would have to pay Rs
500 per day.
A flabbergasted Dr Almeida said, “I am operating a legal clinic with all
valid licences. I pay commercial tax to the authorities. Just because some
members have a problem with my patients are not willing to accept the
underprivileged I am not going to cow down.”
*Legal expert : Doc has rights to compound*
Legal experts point out that the society’s demand and objections are
unreasonable. “If the society feels that the clinic is a nuisance then they
will have to approach the civic body for cancellation of his licence to
operate from there. They must prove that clinic is a nuisance. It is not
correct to have financial greed and make such demands,” said Advocate Vinod
Sampat, who specialises in society matters.
He added that the society has no right to deprive the doctor of essential
services like toilet or water. “Ideally, the society and the doctor can go
to court and contest the claims. Under no circumstances can the society
extort money from the doctor as a commercial property has as much right to
common properties in a building as much as other residents,” said Sampat.
Vishwas Dharap, chairman of the society, told Mumbai Mirror, “The doctor’s
right is restricted to his property which is inside the clinic. His patients
are a hindrance for other residents and vehicles in the compound. Most
importantly, he cannot use our common property for commercial purposes. We
received complaints from residents and hence passed a resolution not to
allow him use of the common area in the AGM.”
http://www.mumbaimirror.com/index.aspx?page=article§id=2&contentid=2011090920110909032112172506d64
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