Punjab

Faridkot

CC/15/111

Baljinder Singh - Complainant(s)

Versus

Harbans Bawa - Opp.Party(s)

A.K.Arora

10 Dec 2015

ORDER

 DISTRICT CONSUMER DISPUTES REDRESSAL FORUM, FARIDKOT

 

Complaint No. :       111

Date of Institution :  24.08.2015

Date of Decision :    10.12.2015

Baljinder Singh aged about 35 years, s/o Thana Singh r/o village Hari Nau, Tehsil Kotkapura, District Faridkot.         

                                                                                               .....Complainant

Versus

Harbans Bawa, alleging himself to be Specialist of doing treatment of Back-bone, at village Marrarh Kalan, District Sh Muktsar Sahib, now at Kamiana Gate, District Faridkot.

                                                                                      ............OP

Complaint under Section 12 of the

Consumer Protection Act, 1986.

 

Quorum:      Sh. Ajit Aggarwal, President,

Smt Parampal Kaur, Member,

Sh P Singla, Member.

Present:       Sh Ashwani Kumar Arora, Ld Counsel for complainant,

OP-Exparte.

 

(Ajit Aggarwal, President)

1                                              Complainant has filed present complaint under Section 12 of the Consumer Protection Act, 1986 against seeking directions to OP  to refund the amount of Rs 30,000/- and also to make payment of Rs 50,000/- as compensation on account of deficiency and negligence in providing medical services and for harassment and mental agony besides Rs 15,000/- as cost of litigation.

2                                  Briefly stated, the case of the complainant is that complainant was suffering from acute pain in back and other problems of back bone. In February 2015, complainant contacted OP and told him about his problem and on assurance of OP, complainant agreed to get treatment from OP-1 and out of demand of Rs 22,000/- of OP, complainant deposited Rs 11,000 to OP and OP gave a slip containing name of complainant and amount received from him by OP. Said slip was duly signed by OP. Thereafter, OP started treatment and gave some medicines, but after some time when his condition did not improve, OP issued another undated slip on which names of medicines were mentioned and it was suggested to him to take medicines in the morning and evening, but even then, his condition did not improve and his disease increased day by day. On 5.05.2015 OP again gave some medicines and assured that this time his disease would be cured. On that day, OP demanded remaining amount and complainant paid Rs 7000/- and remaining Rs 4000/-was noted by OP at the slip issued by him to complainant. on advise of OP, complainant again started taking medicine, but instead of curing, he started feeling more pain in his back bone. After taking medicine for 10 days, complainant again visited OP and told about the increase of his disease. Then, OP demanded remaining Rs 4000/- and in compelling circumstances, complainant paid the remaining amount of Rs 4000/- to him and after receiving the same, OP wrote some medicines on back of slip dt 5.05.2015. In this way, complainant made entire payment of Rs 22,000/-to OP and also bore expenses of medicines from his own pocket. It is contended that despite taking regular treatment, complainant was not cured. Complainant took treatment from OP for about 3 ½ months, but his disease is not cured.  On 4.06.2015, complainant served notice to OP and on this OP assured complainant for refund of amount received from complainant within 15 days and then after long waiting complainant issued a registered legal notice to OP on 26.06.2015, but inspite of service of said notice, OP did not bother to give reply and shifted his office at Kameana Gate, Faridkot which proves defraud on his part. Thereafter, complainant visited OP many times with requests to refund his amount, but OP kept lingering on the matter on one pretext or the other and then finally refused to give valuable claim and even used abusive language and also threatened him of dire consequences. All this amounts to deficiency in service and trade mal practice on the part of OP and has harassment, mental agony and financial loss to complainant. Complainant has prayed for compensation of Rs.50,000/- for negligence in medical services,  harassment and mental agony suffered by complainant and Rs 15,000/- as costs of the complaint besides main relief of refund of his Rs 30,000/-. Hence, the complaint.

3                                                 The Counsel for complainant was heard with regard to admission of the complaint and vide order dated 27.08.2015, complaint was admitted and notice was ordered to be issued to the opposite party.

4                          Notice containing copy of complaint was issued to OP through Process Server and it was received back with report “Refused’. Therefore, vide order dt 2.11.2015, OP was proceeded against exarte.

5                                                 In Exparte evidence to prove his respective pleadings, ld counsel for complainant tendered in evidence affidavit of complainant as Ex.C-1 and documents Ex C-2 to C-8 and then, closed the evidence.

6                                                In exparte arguments, ld Counsel for complainant contended that complainant was suffering from acute pain in back and was also suffering from other problems of back bone. In February 2015, complainant contacted OP explained about his problem and on assurance of OP, complainant agreed to get treatment from OP. OP demanded Rs 22,000/- from complainant and he deposited Rs 11,000 to OP and OP gave a slip containing name of complainant and amount received from him by OP. Said slip was duly signed by OP. Thereafter, OP started treatment and gave some medicines, but after some time when his condition did not improve, OP issued another undated slip prescribing some medicines and also advised to take medicines in the morning and evening, but even then, his condition did not improve and his disease increased day by day. On 5.05.2015 OP again gave some medicines and assured that this time his disease would be cured. On that day, OP demanded remaining amount and complainant paid Rs 7000/- and remaining amount of Rs 4000/-was noted by OP at the slip issued by him to complainant.  Again on advise of OP, complainant again started taking medicine, but instead of curing, he started feeling more pain in his back bone. After 10 days, complainant again visited OP and complained about non curing and increase in his disease. Thereon, OP demanded remaining Rs 4000/- and in compelling circumstances, complainant paid the remaining amount of Rs 4000/- to him and after receiving the same, OP wrote some medicines on back of slip dt 5.05.2015 and in this way, complainant made entire payment of Rs 22,000/-to OP and also bore expenses of medicines from his own pocket. It is contended that despite taking regular treatment, complainant was not cured. Complainant took treatment from OP for about 3 ½ months, but instead of curing, his condition did not improve and on 4.06.2015, complainant himself got served notice to OP and to which OP assured to refund the amount received from complainant within 15 days and then after long waiting when, OP did not refund his fee, complainant issued a registered legal notice to OP on 26.06.2015, but despite service of said notice, OP neither gave reply nor refunded his amount rather shifted his office at Kameana Gate, Faridkot which proves defraud on his part. Thereafter, complainant visited OP many times with requests to refund his amount, but OP kept lingering on the matter on one pretext or the other and then finally refused to give valuable claim and even used abusive language and also threatened him of dire consequences. All this is a clear cut case of deficiency in service and has caused much harassment and tension to complainant and his family. Complainant has prayed for directing OP to refund his amount of Rs 30,000/-

7.                                          In the absence of any rebuttal, we have heard learned counsel for complainant and have very carefully perused the affidavits & documents placed on  file by complainant.

8                                                We have examined the entire material on record and given a thoughtful consideration to the arguments advanced before us. In affidavit Ex C-1, complainant has reiterated that he did not get any relief with the treatment of OP. Ex C-2 to C-4 prove that complainant has paid amount of Rs 22,000/- to OP vide payment receipts no 1991 dt 5.05.2015 and receipt no 612, which is undated respectively. Though OP received huge amount of Rs 22,000/- from complainant for curing his disease, but could not give effective medicine to relieve his pain and complainant had to suffer both financially as well as physically.The facts of the case make it very clear that pain of complainant did not cure with the treatment and medicines prescribed by OP.  From the perusal of record and in the light of above discussion, it is observed that during the course of treatment and while taking medicines prescribed by Op, back pain of complainant did not improve, rather his conditions became worse and he got no relief from the treatment of OP and thus it is made out that OP have indulged in deficiency in service. Instead of giving proper treatment, OP caused more harassment and financial loss to complainant by misguiding and giving wrong medicines. Thus, this Forum has reached at the conclusion that there is deficiency in service on the part of OP and therefore, complaint in hand is hereby allowed with directions to OP to refund the amount of Rs 22,000/-taken by him as fee from complainant alongwith interest at the rate of 9% per anum from the date of filing the present complaint till final realization to complainant and OP is also directed to pay Rs 5000/-for harassment and mental agony suffered by complainant alongwith Rs 3000/-as litigation expenses. Compliance of this order be made within one month of receipt of the copy of order, failing which complainant shall be entitled to proceed under Section 25 and 27 of Consumer Protection Act. Copy of the order be supplied to parties free of cost. File be consigned to the record room.

Announced in open Forum:

Dated: 10.12.2015

Member                Member              President        (Parampal Kaur)    (P Singla)                (Ajit Aggarwal)