Order dictated by:
Sh.S.S. Panesar, President.
1 Sh. Rajinderjit Singh has brought the instant complaint u/s 11 & 12 of the Consumer Protection Act on the allegations that complainant is permanent resident of India. The complainant had teeth and gum problem since long and he felt pain in his teeth. On 2.8.2016 complainant met so called doctor namely Chandan Verma , who examined the complainant and gave him some medicine and injection and when receipt was demanded, the doctor told him that senior Dr. Sanjiv Verma shall issue the requisite receipt and prescription . He again told the complainant to visit the clinic on 4.8.2016 and in the meantime, the complainant enquired from his acquaintances and some other persons known to him and was told that Chandan Verma is not a qualified dentist, who has not even cleared the BDS course and is just 10+2 pass out. Even Senior doctor Sanjiv Verma, who is father of Chandan Verma is also not a qualified doctor. Grandfather of Chandan Verma was ex-service man and retired from Military Hospital and thereafter established the present clinic . Neither on the board of the clinic nor on the letter pad degree of Dr. Chandan Verma does not find mention. On 4.8.2016 complainant went to Jandiala Guru Town as was directed by Chandan Verma and a friend of the complainant made video from his mobile phone of Chandan Verma carrying out treatment of the complainant . Again no receipt or prescription was given to the complainant. Rather a slip containing name of the medicine was issued, copy whereof is adduced on record. Chandan Verma again stressed upon for teeth extraction to fix a denture but however the complainant told him that he shall come on some other day for the purpose. The diagnose made by Chandan Verma “so called doctor” reveal that a denture has to be prepared and in the meantime the teeth will be filled with silver after undergoing root canal. If the roots were in good conditions , then silver has to be filled in all the teeth. The complainant, who is an illiterate villager , was duped by the doctor, who took a sum of Rs. 3000/- from him but did not issue any receipt and told the complainant that doctor Sanjiv Verma shall issue the receipt which was never issued even after visiting the clinic in number of times. Hence, this complaint.
2. We have heard the complainant on the question of admission of the complaint.
3. The complainant has produced on record one prescription slip which is undated and even stamp of the clinic, is not legible thereon . Except this document complainant has not adduced on record any receipt regarding payment or treatment given to him by the opposite parties. On the basis of the bald allegations made in the complaint as well as the prescription slip, the complainant wants this Forum to issue the notice to the opposite parties for medical negligence in treating the complainant . If the opposite parties had not issued proper prescription slip or receipt regarding the payment of medical expenses, the complainant could very well approach the Medical Council by lodging the complaint against the opposite parties . The complainant could very well approach the Medical Council of Punjab as well as National Medical Council for ascertaining the degree(s) of the opposite parties, if he nursed any doubt regarding that .The complainant has not adduced on record any such document . Even the so called video CD , has not been adduced on record for the reasons best known to him. Although the said Video CD was not admissible in evidence before this Forum because this Forum follow summary procedure and no trial in the matter was admissible under law. Since there is nothing on record which connects, the opposite party with alleged medical negligence warranting this Forum to proceed further with the prosecution of the present complaint, therefore, instant complaint fails & is ordered to be dismissed in limine. Copy of the order be furnished to the complainant free of costs. File is ordered to be consigned to the record room.
Announced in Open Forum
Dated : 07.09.2016
/R/
