West Bengal

Hooghly

CC/176/2016

Smt. Aparna Chatterjee - Complainant(s)

Versus

Dr. Swapan Das - Opp.Party(s)

23 Nov 2017

ORDER

DISTRICT CONSUMER DISPUTES REDRESSAL FORUM, HOOGHLY
CC OF 2013
PETITIONER
VERS
OPPO
 
Complaint Case No. CC/176/2016
 
1. Smt. Aparna Chatterjee
Serampur
Hooghly
West Bengal
...........Complainant(s)
Versus
1. Dr. Swapan Das
Bhadreswar
Hooghly
West Bengal
............Opp.Party(s)
 
BEFORE: 
 HON'BLE MR. JUSTICE Sri Biswanath De PRESIDENT
 HON'BLE MRS. JUSTICE Smt. Devi Sengupta MEMBER
 HON'BLE MR. JUSTICE Sri Samaresh Kr. Mitra MEMBER
 
For the Complainant:
For the Opp. Party:
Dated : 23 Nov 2017
Final Order / Judgement

The fact of the case of the complainant is that the complainant approached to Op for treatment of some spot. There was some black spot over the face .

                                                                                    

Complainant met Op and Op prescribed medicines. Complainant gave Rs.4500/- to the oP. The complainant also took Op to her father’s house for removing cataract of the eye of her father. The doctor gave medicine . On 1.9.2016 the complainant met the oP/doctor regarding non-action of medicine  . The complainant then became worried with her face as Op failed to remove the spot of the complainant’s face the complainant has filed this case for redressal.

            The Op has contested the case denying inter alia all material allegations. OP’s case is that complainant came to the oP for removing spot over the face of complainant for two years. OP gave alternative medicine with direction of using medicines as per his prescription but the complainant did not act as per prescription. Op took Rs.100/- as fees and price of naturopathy medicine of Rs.1495/- . The OP also stated that he went to the house of the petitioner for treatment of her father as complainant requested the Op for treatment of her father. Accordingly, Op prescribed medicine as per Rule and Protocol of Naturopathy. The OP is a M.D.(AM) BBFR. He gives advice of alternative medicine with the request of the complainant , he prescribed medicine as per alternative medical protocol. Complainant gave the OP only one day for treatment and on

 

                                                                 

 that date Op prescribed medicine. But the complainant did not follow the instruction of the prescription. The complainant has filed a false allegation.

            Complainant filed one prescription . There is no other document except one photocopy of prescription dated 2.9.2016. Complainant filed Evidence in chief. Op also filed Evidence in chief, Written version.

POINTS FOR DECISION :

1)Whether the complainant is a consumer ?                                        

2)Whether there is any deficiency in service on the part of the oP ?                                                                                               

3)Whether the complainant/petitioner is entitled to get relief as prayed for ?

DECISION WITH REASONS :

   All the points are taken together for easiness of discussion.

In the evidence in chief the complainant has stated her case and story of treatment by Op. The OP in his evidence in chief countenance the statement of complainant one document without any affidavit and the same is photo copy has been filed by the complainant, which shows the oP/doctor prescribed those medicine with direction some diet . Save and except this prescription there is no other evidence in favour of the complainant . This case has been instituted on 21.10.2016. That prescription was meant for some days. There is nothing to see

                                                                        

whether complainant met the second time with Op for treatment. There is no document to show that complainant paid fees as alleged by her. The complainant did not file the original prescription . This single photocopy  of paper does not prove the deficiency of service of OP. Accordingly, complainant ‘s case which has been reflected in the petition is not proved with sufficient reliable evidence. As such, the case fails. Hence it is –

                                                                        Ordered

            That the CC no. 176 of 2016 be and the same is dismissed on contest. But no order as to cost. 

                Let a copy of this order be made over to the parties free of cost.

 
 
[HON'BLE MR. JUSTICE Sri Biswanath De]
PRESIDENT
 
[HON'BLE MRS. JUSTICE Smt. Devi Sengupta]
MEMBER
 
[HON'BLE MR. JUSTICE Sri Samaresh Kr. Mitra]
MEMBER

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