Haryana

Bhiwani

CC/102/2019

Ramphal Singh - Complainant(s)

Versus

Dr.Kanwar Singh - Opp.Party(s)

in person

19 Oct 2023

ORDER

BEFORE THE DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION, BHIWANI.

 

CONSUMER COMPLAINT NO.    102 of 2019

                                    DATE OF INSTITUTION:                 08.04.2019

                                                DATE OF ORDER:                            19.10.2023

 

Ramphal Sharma aged 47 years son of Shri Rohtash Sharma, resident of village Devsar, Tehsil & District Bhiwani.

 

            ……Complainant.

 

VERSUS

 

1. Dr. Kanwar Singh (VLDA)  working at Government Veterinary Hospital, Devsar, Tehsil & District Bhiwani.

 

2. Director General, Animal Husbandry and Dairy Department Haryana Bays No.9-12, Sector-2, Panchkula.

 

….. Opposite Parties.

 

COMPLAINT U/S 12 OF CONSUMER PROECTION ACT, 1986.

 

 

BEFORE:      Hon’ble Mrs. Saroj Bala Bohra, Presiding Member

Hon’ble Ms. Shashi Kiran Panwar, Member

 

 

Present:-      Sh. Vir Bhan Malik, Advocate for complainant.

          Sh. Kuldeep Singh Yadav, Advocate for OP no. 1.

                      OP No. 2 exparte.

 

ORDER:

 

Saroj Bala  Bohra, Presiding Member:

 

1.                     Brief facts of the case are that complainant is doing the business of animal husbandry. As per Haryana Govt. scheme, on 22.12.2018 complainant went to Govt. Veterinary Hospital, Devsar for artificial insemination of his buffalo.  As told by OP No.1, complainant paid extra money to keep good seed of Murrah breed for his buffalo.  Upon which, complainant asked for, to keep the seed of Murrah Naval breed and entry qua the same is in the register maintained by OP No.1. OP No.1 advised the complainant to come with buffalo after 90 days for checking. On 29.03.2019, complainant came to OP No.1 for getting checked the buffalo.  It has been submitted that OP No.1 under the influence of alcohol and told the buffalo is not pregnant and prescribed medicines Mini Mix and some tablets which complainant applied on the buffalo. Complainant has alleged that the buffalo was already pregnant and because of such medicine, the buffalo became more heated and she got miscarriage. The matter was reported to the OP No.1 but it did not take any responsibility rather threatened the complainant with dire consequences. As such, the complainant has submitted that the act & conduct of OP No.1 amount to deficiency in service which injure the complainant mentally and physically as well as complainant has to suffer monetary loss. Hence, the present complaint has been preferred seeking directions to Ops to pay Rs.1.00 lac as cost of the buffalo or in the alternative to provide same kind of buffalo. Further to pay Rs.50,000/- as compensation, besides Rs.25,000/- as litigation expenses.

2.         Notices were sent to the Ops. Despite that Op No.2 did not appear and was proceeded against as exparte vide order dated 08.07.2019.

3.                     OP No.1 appeared through counsel and tendered reply raising preliminary objections qua cause of action; joinder of necessary parties and suppression of material facts from this Commission.  On merits, it has been denied that complainant is doing the business of animal husbandry.  It has also denied that complainant gave any extra money for artificial insemination rather it was done on nomnal govt. fee.  It is further denied that complainant came to get check up the buffalo on 29.03.2019 rather it was 30.03.2019.  OP No.1 denied that on the alleged  point of time he was under the influence of alcohol. On 30.03.2019, upon checking, buffalo was found non-pregnant.  OP No.1 has averred that on 22.12.2018, complainant got artificial insemination of some other buffalo than the buffalo in question and also denied for tagging of the said buffalo whereas on 30.03.2019 he brought one more buffalo for checking up.  It has also denied that complainant showed any dead Fetus to the OP No.1. Rest of the material contents of the complaint have also been denied and prayed for dismissal of the complaint with costs.

4.                     To prove its complaint, complainant has tendered in evidence affidavit Annexure CW1/A alongwith documents as Ex. P-1 to Ex. P-7 and closed the evidence on 07.09.2022.

5.                     On the other side, OP No.1 tendered in evidence affidavit Ex. RW1/A alongwith document Ex. R-1 to Ex. R-8 and closed the same on 17.07.2023.

6.                     We have heave heard learned counsel for the parties and gone through the record carefully.

7.                     From the record, it is observed that the documents so relied by the complainant to prove his case are not sufficient as it do not corroborate with the averments of the complaint. On the other side, from documents (Annexure R-5 & R-6), it is observed that OP No.1 is working in the said hospital since July 2011 and he is an experienced doctor for conducting artificial insemination (A.I) and allegations against him qua carelessness in performing his duties have been denied through a certificate issued by Gram Panchayat, Devsar, Bhiwani.  On the contrary, with regard to conduct and job of the complainant, a certificate (Annexure R-8) has been issued by District Bar Association, Bhiwani whereby it emerges that complainant is doing work as typist since last twenty 20 years. From the document Annexure R-4, it reveals that the alleged medicine by OP No.1 are advised for every cattle whether pregnant/non-pregnant/milky.Further the alleged mineral is for nourishing the cattle.

8.                     After going through the entire record and hearing learned counsel for the parties, we have come to the conclusion that the allegations made by the complainant against OP No.1 are not genuine.  There is no cogent and convincing evidence on record to prove such allegations and thus do not prove any deficiency in service on the part of OP No.1. Complainant has alleged that OP No.1 doctor prescribed medicines but no slip thereof has been placed on record thus this averment goes against the complaint being unproved.

9.                     In view of the above, the present complaint lack merits and thus is hereby dismissed with no order as to costs. Certified copies of the order be sent to parties free of costs, as per rules. File be consigned to the record room, after due compliance.

Announced.

Dated:19.10.2023.