Haryana

Karnal

261/2013

Narinder Kumar S/o Jogi Ram - Complainant(s)

Versus

Dr. Tarun Kumar BDS Dental Surgeon, Shamji Dental Clinic - Opp.Party(s)

R.S. Rana

22 Dec 2017

ORDER

BEFORE THE DISTRICT CONSUMER DISPUTES REDRESSAL FORUM KARNAL. 

                                                     Complaint No. 261 of 2013

                                                    Date of instt. 31.05.2013

                                                     Date of decision 22.12.2017

 

Narinder Kumar son of Shri Jogi Ram resident of VPO Phurlak, District Karnal.

                                                                                 ……..Complainant.

                                        Versus

Dr. Tarun Kumar BDS Dental Surgeon, Shamji Dental Clinic, near S.D.Mandir, Gharaunda, District Karnal.

                                              

     ..…Opposite Party.

 

 Complaint u/s 12  of the Consumer Protection Act 1986.

 

Before     Sh. Jagmal Singh…….President.

                Ms. Veena Rani……….Member

                Sh.Anil Sharma…….Member.

 

Present: Shri R.S. Rana Advocate for the complainant.

               Shri Amit Gupta Advocate for opposite party.

                               

                (JAGMAL SINGH, PRESIDENT)

 

 ORDER:

 

                This complaint has been filed by the complainant u/s 12 of the Consumer Protection Act 1986, on the averments that in the month of March, 2013 he was suffering from hot and cold in teeth of front side on the lower Jaw. He contacted the OP and OP after examining him suggested to remove the sixth teeth and also advised for root canal treatment of three –three molar both side and thereafter capping the same and assured that for 10-12 years he would not receive the same problem and for this treatment the OP demanded a sum of Rs.20,000/-. He was agreed for the same and paid a sum of Rs.20,000/- to the OP. OP after receiving the amount of Rs.20,000/- removed the front six teeth and also completed the root canal treatment of 3 molar of both side. The OP affixed the artificial teeth in his jaw in the month of April, 2012. The OP has not affixed the artificial teeth in the Jaw properly as there was gap in the molar and teeth, due to this infection was started and just after 20 days he started suffering from hot and cold in the jaw and also suffering pain in the molar which was treated by the OP. He used t he treatment so advised by the OP for about 7-8 days but there was no relief in the disease. Complainant requested the OP time and again for the proper treatment for which he received money but OP did not pay any heed to his request and postponed the matter on one pretext or the other. Thereafter, he contacted to another BDS doctors of Gharaunda City, the doctors after examining the complainant and told that RCT done by the doctor is not proper. OP has caused loss to the complainant knowingly, intentionally, deliberately only just to grab the money. Due to the removal of original teeth his face structure has become so bad and he is not talking properly because is a gap in between the teeth and molar affixed by the OP. The OP flatly refused to give the further treatment to him. Then he served a legal notice dated 25.4.2013 through his counsel in that regard, but all in vain. Due to this act and conduct of the OP he suffered mental agony, pain, sufferings and also suffered loss of reputation. Hence complainant filed the present complaint.

2.             Notice of the complaint was given to the OP, who appeared and filed written statement raising preliminary objections with regard to maintainability; locus standi and concealments of true and material facts. The true facts are that since the year 2012, complainant has been visiting the clinic of OP for routine checkup as an OPD patient and sometimes for cleaning/de-scaling of his teeth. During the course of one of such visit, the OP advised the complainant to undergo root canal treatment and capping. The OP told the complainant that the cost of aforesaid treatment shall be about Rs.12,000/-. Since the complainant was not willing to pay the amount demanded by the OP for his treatment the complainant did not undergo the treatment as advised by the OP. In the month of March, 2013 the complainant again visited the clinic of OP. A check up of the teeth of the complainant revealed that he had taken root canal treatment from some other doctor. The complainant complained of some pain in some of his teeth, for which OP advised him to take some medicines. The complainant has falsely alleged that he underwent root canal treatment and capping at the clinic of OP, whereas the truth is that OP never treated the complainant for his alleged ailment. The complainant has opted not to get himself examined from a duly constituted Medical Board, for examination of his alleged ailment and present condition. Hence there was no deficiency in service on the part of the OP. The other allegations made in the complaint have been denied and prayed for dismissal of the complaint.

3.             Complainant tendered into evidence his affidavit Ex.CW1/A, affidavit of Dr. Mona Malhotra Ex.CW2/A, affidavit of Naresh Kumar Ex.CW3/A and documents Ex.C1 to Ex.C14 and closed the evidence on 13.3.2015.

4.             On the other hand, OP tendered into evidence his affidavit Ex.RW1/A and documents Ex.R1 to Ex.R3 and closed the evidence on 28.5.2015.

5.             We have heard the learned counsel of both the parties and perused the case file carefully and have also gone through the evidence led by the parties.

6.             The complainant alleged that in March, 2013 he was suffering from hot and cold in his lower jaw, so he contacted the OP who suggested to remove sixth teeth from front side and Root Canal Treatment (hereinafter referred as RCT) of three-three molar both side and thereafter capping the same, for which the OP demanded Rs.20,000/-. It is further alleged that the complainant agreed and deposited the said amount of Rs.20,000/-. Thereafter, the OP removed the six teeth and completed RCT of 3 molar of both side. It is further alleged that the OP affixed the artificial teeth in the Jaw of the complainant in the month of April, 2012. It is further alleged that the OP has not affixed the artificial teeth in the Jaw properly as there was gap in the molar and teeth, due to this, injection was started. After 20 days complainant suffered from hot and cold in the Jaw as well as pain in the molar. It is further alleged that the complainant took the treatment from OP but there was no relief. Thereafter, the complainant contacted another BDS doctor at Gharaunda, who told that RCT was not required and RCT was not done properly. It is further alleged that the OP has caused loss to the complainant knowingly, intentionally, deliberately only to grab money. The complainant served a legal notice on 25.4.2013.

7.             The OP contended that since the year 2012, the complainant has been visiting the clinic of OP for routine checkup as an OPD patient and sometimes for cleaning/de-scaling of his teeth. During one of such visit, the OP advised the complainant for RCT and capping and also told the cost of the same shall be about Rs.12000/- It is further contended that the complainant was not willing to pay the same and has not undergone the treatment as advised by the OP. It is further contended that in March, 2013, the complainant visited the clinic of OP and on checking it was found that complainant had taken RCT from some other doctor and as the complainant was complaining some pain in some of his teeth, for which the OP advised him some medicines. The OP denied all the allegations of the complainant.

8.             To prove his case, the complainant tendered in his evidence his affidavit Ex.CW1/A, affidavit of Dr. Mona Malhotra Ex. CW2/A, affidavit of one Naresh Kumar Ex.CW3/A and documents Ex.C2 to Ex.C14. Out of these documents Ex.C2 and Ex.C3 are the prescription slip dated 18.3.2013 and 25.3.2013 respectively issued by the OP. Vide these slips, the OP has prescribed the medicines to the complainant. There is no mention in these slips that the OP had done the RCT or fixation of artificial teeth of the complainant. Ex.C-4 dated 24.4.2013 is prescription slip of Smile Dental Clinic, wherein it is mentioned that x-rays taken, no need of surgical treatment and Redo-RCT fit. The document Ex.C-5 is the Out Door ticket of Government Hospital and the same is regarding 25.4.2013 and 27.4.2013. The document Ex.C-6 is receipt of payment of Rs.500/- to Bansal x-ray centre. Ex.C-7 to Ex.C-12 are the prescription slip and receipts of payments of Malhotra Dental Care Clinic. Ex.C-13 is photograph and Ex.C-14 is the copy of legal notice. From these documents it is clear that Ex.C-6 is dated 9.6.2013 wherein the complainant c/o bleeding gums and pain and the doctor advised flap surgery which was done on 15.62013. Similarly from Ex.C-9 which is dated 1.9.2013 it is clear that the patient (complainant) wants capping and capping was done 1.9.2013 and on 14.9.2013. From these documents it is proved that the complainant got the surgery and capping done from the Malhotra Dental Care clinic. The complainant has not placed any such document on the file vide which it be proved the complainant got done the RCT, capping and fixing of artificial teeth from the OP. The complainant has also not placed any document vide which it can be proved that the complainant had paid Rs.2000/- to the OP.

9.             It is pertinent to mention here that the complainant has alleged in his complainant that he suffered hot and cold in his Jaw in March, 2013, whereas in para no.2 of the complaint it is stated that  after receipt of Rs.20000/-, the OP removed front six teeth, completed RCT of 3 molar of both side and the artificial teeth were affixed by OP in April, 2012. These facts are also mentioned in the similar way in legal notice Ex.C-14. Whereas according to affidavit Ex.CW1/A, the complainant suffered hot and cold in his Jaw in March, 2012 and thereafter the complainant contacted the OP. All these pleadings and evidence of the complainant is self contradictory because at one time the complainant stated that he suffered from hot and cold in his Jaw in March, 2012 whereas at other place he stated that he suffered from the said disease in March, 2013.

10.           On perusal of entire evidence on the file produced by the complainant it is not proved that the complainant had taken the treatment of RCT of three molar from both sides or capping thereupon or the fixing of artificial teeth from the OP. From the above facts and circumstances, we are of the considered view that the complainant has failed to prove the allegations levelled by him in his complaint against the OP and also that there was any deficiency on the part of the OP.

11.           Thus, as a sequel of above discussion, we do not find any merit in the present complaint and the same is hereby dismissed. No order as to costs. The parties concerned be communicated of the order accordingly and the file be consigned to the record room after due compliance.

Announced

Dated: 22.12.2017

                                                                       

                                                                  President,

                                                          District Consumer Disputes

                                                           Redressal Forum, Karnal.

 

 

                       (Veena Rani)      (Anil Sharma)

                            Member               Member