The fact of the case as revealed from the petition of complaint as well as from the evidence is that the complainant Kshitish Mandal S/o. Lt. Jyotish Mandal, Vill. Kurulia (Ghughdanga) under the P.S. Gazole, Dist. Malda filed a petition of complaint before this Forum which was registered as complaint Case No. 85/2017 u/s. 12 of the Consumer Protection Act, 1986.

The fact of the case as revealed from the evidence as well as from the petition of complaint is that the complainant was suffering from tongue ulcer and could not gulf food in normal way.  On 30/07/2017 the complainant attended Sonoscan Healthcare Pvt. Ltd. as an outdoor patient and he was advised by the reception staff of Sonoscan Healthcare to examine his ailment by Dr. Chandan Chakraborty i.e. O.P. No.1. Thereafter, the complainant after paying the registration fees of Rs. 20/- attended the chamber of Dr. Chandan Chakraborty as O.P.D and Dr. Chakraborty after examination of the complainant advised for a test of Laryngoscopy in his chamber and for such test he realized Rs. 800/- (Rupees Eight Hundred Only)from the complainant without giving any receipt. Subsequently, Dr. Chakraborty handed over a report of Fibre Optic Laryngoscopy to the complainant on the same date. Thereafter, the complainant attended the said doctor on 06/08/2017 of Sonoscan Health Care Pvt. Ltd. as no improvement of his ulcer was found. On the same day i.e. on 06/08/2017 the doctor issued another prescription and advised the complainant to attend him at Health Cure Nursing Home at Kolkata for examination for his ailment. As per advice of Dr. Chakraborty the complainant attended Health Cure Nursing Home, Kolkata where the complainant advised to deposit Rs.10, 500/- (Rupees Ten Thousand Five Hundred Only) for Pap Strain Test and Allergy Test and at that time the doctor stated to him that it is not possible for him to prescribe any medicine without such test. At that time Dr. Chakraborty stated that if you want to make such test to some other Diagnostic Centre you shall have to pay more or less Rs.15,000/- (Rupees Fifteen Thousand Only) whereas Dr. Chakraborty demanded Rs. 10,500/- (Rupees Ten Thousand Five Hundred Only). According to the advice of Dr. Chakraborty the complainant paid Rs. 10,500/-(Rupees Ten Thousand Five Hundred Only). At that time Dr. Chakraborty stated to him that he will hand over all the reports at Sonoscan Healthcare, Malda when the petitioner will attend him.

On 20/08/2017 the complainant attended the said doctor at Sonoscan Healthcare, Malda for further complications and inflammation of his tongue ulcer and collection of report as  well as money receipt from the doctor. The doctor examined her and handover the prescription and handover a money receipt of Rs. 1,500/- (Rupees One Thousand Five Hundred Only) and one Allergy Profile Report was handed over to the complainant. The complainant demanded the money receipt of Rs. 10,500/- (Rupees Ten Thousand Five Hundred Only) from the said doctor which was paid by the complainant for allergy test and blood test. On 03/09/2017 the said doctor attended the Sonoscan Healthcare Centre. At that time the complainant came to Sonoscan Healthcare Center to receive the break up money receipt. On that day Dr. Chakraborty issued another prescription and advised for X-ray of abdomen and take opinion of Gastroenterologist for further treatment. At that time the doctor handed over a receipt showing an amount of Rs.9,000/- (Rupees Nine Thousand Only) instead of Rs. 10,500/- (Rupees Ten Thousand Five Hundred Only). From the petition of complaint It is found that the doctor squeezed huge amount of money from the complainant by way of unfair trade practice and negligent of service beyond the ethics of his profession.  This is why the complainant has come to this Forum to redress his grievance.

The petition has been contested by the O.P. No.2 Dr. Chandan Chakraborty by filing the written version denying all the material allegations as leveled against him contending inter alia that the instant case is not maintainable in its present form. There is no cause of action to file the case against this O.P. The case is speculative, harassive, vexatious.

The further defense case is that the complainant never paid Rs.10,500/- (Rupees Ten Thousand Five Hundred Only) and this O.P. received any excess amount of Rs.9,000/-(Rupees Nine Thousand Only).

The O.P. No.1 Dr. Chandan Chakraborty received    Rs. 9000/-(Rupees Nine Thousand Only) this is why receipt of Rs. 9,000/- (Rupees Nine Thousand Only) was issued to the complainant. The further defense case is that the complainant has prayed for refund of money for which this Consumer Forum has got no jurisdiction to try this case. So considering such facts and circumstances the instant case is liable to be dismissed. 

In order to prove the case the complainant himself was examined and cross-examined and he files some documents which has been marked from Ext. 1 to 1/10. On the other hand no other witness was examined on behalf of the complainant. No witness was examined on behalf of the O.P. No.1 Dr. Chandan Chakraborty. Nor Chandan Chakraborty was examined.

Now the point for determination:Whether the complainant is entitled to get any relief as prayed for ?

::DECISION WITH REASONS::    

On perusal of the evidence and on perusal of the petition of complaint it is found that there is a dispute as regards to the amount of money. The dispute is that the complainant paid Rs.10,500/- (Rupees Ten Thousand Five Hundred Only)  to the O.P. No.1 for the medical test but the money receipt was issued only for Rs. 9,000/- (Rupees Nine Thousand Only). The complainant did not adduce any evidence to prove that he paid Rs.10,500/- (Rupees Ten Thousand Five Hundred Only) to O.P. No.1 Dr. Chandan Chakraborty. No independent witness was examined on behalf of the complainant that the complainant paid Rs.10,500/-(Rupees Ten Thousand Five Hundred Only). So it is very difficult to hold that the complainant paid Rs.10,500/-(Rupees Ten Thousand Five Hundred Only). On perusal of the petition of complaint we do not find that there was any negligence on the part of the O.P. No.1 i.e. Dr. Chandan Chakraborty as regard to the treatment rather on perusal of the para -13 of the petition of complaint it is found that the cause of action arose on 03/09/2017 when the O.P. No.1 refused to refund the excess amount received by him. As this Forum cannot decided the matter for refund of money so the petition of complaint is not maintainable in its present form.

Another point argued by the Ld.Lawyer of the complainant is that the doctor has squeezed huge money from the complainant by way of unfair trade practice. But the complainant has failed to prove that he tendered Rs. 10,500/- (Rupees Ten Thousand Five Hundred Only) to the doctor. It is not understood why he did not lodge any complaint anywhere when the doctor refused to issue a receipt of Rs.10,500/- (Rupees Ten Thousand Five Hundred Only). So it also raises a strong suspicion as to the payment of Rs. 10,500/- (Rupees Ten Thousand Five Hundred Only). So considering such facts and circumstances the instant case is liable to be dismissed.      

C.F. Paid is correct.

Hence, ordered that

the case be and the same is dismissed on contest without any cost.

Let a copy of this order be given to the complainant free of cost on proper application.