Present         (1)     Nisha Nath Ojha,   

                              District & Sessions Judge (Retd.)                                                                                         President

                    (2)     Smt. Karishma Mandal,

                              Member

Date of Order :  16.10.2015

                    Nisha Nath Ojha

1. In the instant case the Complainant has sought for following reliefs against the Opposite party:-

1. To issue summon to the opposite party and direct the opposite party to take proper action on his work and cheating action.

2. Brief facts of the case which led to the filing of complaint are as follows:-

1. On 02.08.2013 the accused pass posted at Dr. B.R. Ambedkar Dental College Hari Om Nagar New Baily Road, Patna and now he has joined college of Dental Science Sikandrabad Lecturer at Danapur, Patna.
2. The petitioner had gone to said B.R. Ambedkar college for plantation of his teeth.
3. After doing some formal work the petitioner told to deposit hudred rupee to college for preparing the new teeth.
4. According to order the petitioner deposited the said amount and next day the opposite party examined the petitioners teeth and took shape from wax and told him to come after three days.
5. After the petitioner went to the opposite party at college.
6. There he met with the opposite party, he was told that your shape of your teeth has been prepared which is not well, you take your rupees back and there I shall prepare good teeth.
7. The opposite party went to the counter with the complainant and with his help the money was withdrawn.
8. He was told to come next day for the measurement of teeth.
9. On the next day at the college time the opposite party called me on my mobile phone and told me to come at Saguna More where he was waiting.
10. The petitioner went to the opposite party on call. He took him to hie dispensary and told that your teeth do not be made fit there in B.R. Ambedkar College. Your teeth will be made proper and fit and it will cost Rs. 18,000/- and I shall make your teeth very good.
11. For preparation of teeth the opposite party asked some advance to prepare the teeth.
12. The petitioner gave Rs. 4,000/- as advance to the opposite party on 29.07.2013.
13. The opposite party called the petitioner on 02.08.2013 to plant new teeth.
14. The petitioner went to his house cum dispensary but it was closed.
15. The petitioner came to know that the opposite party has gone to pilgrim at Vaishno devi and they will come after one month.
16. The petitioner tried to contact the opposite party but he never his call.
17. The petitioner sent registered letter on 04.10.2013 but he did not replied rather he tried to abuse him.

The complaint petition is not happily drafted. However from the complaint petition, it is gathered that the complainant had contacted the opposite party who is Doctor for making of his artificial teeth.

It appears from the facts asserted in the complaint petition that it is simple case of contacting Doctor for making the artificial teeth. It appears that artificial teeth earlier prepared by Doctor could not be made as per satisfaction of the Doctor and thereafter Doctor informed him to allow some time for making artificial teeth as per his satisfaction.

It is crystal clear from the aforesaid fact that the artificial teeth made by the opposite party was never set in the mount of complainant. Had the aforesaid set of artificial teeth would have been set in mouth of complainant, the complainantcould have develop certain complication after fixing the teeth in the mouth of the complainant then there would have been question of deficiency.

It is now appears to be admitted that the aforesaid artificial teeth were never fixed in the mouth of the complainant hence there is no question of deficiency on the part of opposite party.

It is needless to say that the opposite party has filed written statement which is not affidavited. However it appears from the combined reading of complaint petition and this unaffidavited written statement that the complainant has paid Rs. 4,000/- and he was to pay certain balance amount but this complainant did not approach to the opposite party for taking the delivery of aforesaid set of artificial teeth after paying the remaining price.

It is not proper to repeat the same fact again and again. However from the fact discussed above we do not find any deficiency on the part of opposite party.

We have already stated above that the facts asserted in complaint petition itself does not disclose any deficiency on the part of the opposite party.

For the reason discussed above we do not find any merit in the complaint petition hence this complaint petition is hereby dismissed.

                                        Member                                                                   President