ORDER
By Smt.Padmii Sudheesh, President
The averments in the complaint in brief are that the complainant was under the treatment of respondent for the period 30/11/02 to 20/12/02 and was under magnetic treatment from 2/12/02 to 20/12/02. She had loss of eye sight to right eye and also the disease to the feet and the respondent promised that the disease will be cured within 20 days by magnetic treatment. The treatments were wrong and money was grabbed from complainant. Rs.18,400/- was the amount taken by respondent. He had committed fraud under the pretext of treatment. The complainant was forced to purchase magnetic bed costs Rs.10,000/- even if she had refused the same. The blood was taken for test four times by using same syringe and needle. Rs.100/- per day was charged for food and accommodation. There was ill treatment and complainant was forced to suffer mentally and physically. Hence the complaint.
2. The version is that there was no promise made by the respondent to complainant. The complainant by her own wishes approached the respondent for treatment. Way of treatment and expenses were intimated to complainant earlier. Rs.18.400/- was received for nursing, food, accommodation, medicines etc. The cost of magnetic bed will also included in this. The purchase of magnetic bed and treatment was as per the request of complainant. At the time of discharge the complainant was very well and the other averments in the complaint are denying. Hence dismiss.
3. Points for consideration are that :
1) Whether there was any unfair trade practice committed by respondent ?
2) If so reliefs and costs ?
4. Evidence consists of oral testimonies of PW1 and RW1, Exhibits P1 to P53 and Exhibits R1 to R8.
5. Points: The complaint is filed by alleging the fraud and wrong treatment given by respondent. The complainant states that wrong treatment was given by respondent at his institution and grabbed money of Rs.18,400/. She wants to get back this amount along with compensation. The first respondent contended that the complainant approached him by her own wish and there was no compulsion from him. He states that right treatment was given and she was discharged from the institution in very well condition.
6. The complainant is examined as PW1 and Exhibits P1 to P53 were marked from her side. According to PW1 she was mentally and physically tired because of the treatment of respondent. It is her version that she has no other disease or illness except the loss of eye vision of right eye and some disease to feet. The respondent had given treatment of Jaundice, Typhoid, Arthritis, Vomiting etc. According to her fever was occurred on 5th day of magnetic treatment. So it is the case of PW1 that the treatment given at respondent institution was wrong medical treatment and RW1 is not a qualified medical practitioner. The institution is also not having any registration and not affiliated to any university.
7. The first respondent is examined as RW1 and according to him he is conducting a College of Clinical Magnetology and certificate of Indian Medical Association is not at all necessary. The nature of treatment, the way of treatment etc. deposed by him during examination. But he has admitted that the registration certificate is not produced. It would say that the allegation of PW1 is true. He also deposed that case sheet is kept but not produced. If the treatments are genuine and proper he will definitely produce the records of procedure done to PW1.
8. It is the version of RW1 that he has taken degree by studying privately and he never studied in any institution. RW1 also admitted the fact that he was warned by the Christian Sabha when complaints were obtained regarding the treatment of him. The register produced by RW1 also create doubt with regard to the treatment of patient at his own institution.
9. It is the case of PW1 that RW1 is conducting a fake institution and treatments are wrong and he is cheating the people. RW1 admitted that he had treated people during 1996-97 without having any degree. According to him he has knowledge only in holistic treatment. He would further say that in order to prove the same he has produced Exhibit R1 document. But there is no wording like holistic treatment. According to Exhibit R1 the system of medicine is magneto therapy. It is the case of PW1 that she was treated for jaundice but she has no such disease. RW1 also admitted that as per Exhibit R8 the quantity of Bili Rubin is normal and there was no jaundice. But it is the case of PW1 that treatment was given to jaundice and food was also given to PW1 under the impression that she has the disease of jaundice. According to RW1 treatment was also given to PW1 for typhoid. But he has no authority to treat such kind of disease. As per Exhibit R1 only magneto therapy was permitted as per the certificate of registration. The entire record would lead to the conclusion that RW1 is conducting the institution which has got no valid registration and has no authority to treat for the different types of diseases mentioned above. He is not a qualified medical practitioner and is conducting the same only to cheat public. So the Forum is inclined to order the first respondent to discontinue the unfair trade practice and not to repeat it. The Forum has got every right under Section 14(1)(f) of Consumer Protection Act to direct the opposite party likewise.
10. In the result the complaint is allowed and the first respondent is directed to return Rs.18,400/- and Rs,.15,000/- as compensation as prayed by complainant along with costs Rs.1,000/- within two months from the date of receipt of copy of this order. Since no registration certificate is produced the licensing authority Thrissur Corporation is directed to cancel the licence issued to first respondent immediately on acceptance of copy of this order.
Dictated to the Confdl. Asst., transcribed by her, corrected by me and pronounced in the open Forum this the 30th day of November 2012.
Sd/-
Padmini Sudheesh, President
Sd/-
M.S.Sasidharan, Member
Appendix
Complainant’s Exhibits
Ext.P1 Treatment expense bill
Ext.P2 Laboratory expense bill
Ext.P3 Essentiality certificate
Ext.P4 Yellow colour card
Ext.P5 Slip from Deens Medicals
Ext.P6 Slip from Medi tech
Ext.P7 Slip from Polyclinic
Ext.P8 Lr. dt. 6/8/04
Ext.P9 Prescription of Dr.Mohanlal
Ext.P10 Bills of ayurvedic treatment
Ext.P11 to P53 – Medical bills
Complainant’s witness
PW1 – Josephena.A.L.
Respondents Exhibits
Ext.R1 Certificate of registration
Ext.R2 Certificate from Thrissur Corporation
Ext.R3 Certificate from Chair for Christian Studies
Ext. R4 Patient’s registration form
Ext.R5 Test report dt. 9/12/02
Ext.R6 Test report dt.17/12/02
Ext.R7 Test report dt. 3/12/02
Ext.R8 Test report dt.17/12/02
Respondents witness
RW1 – Fr. Anto Edakkalathur
Id/-
President
