STATE CONSUMER DISPUTES REDRESSAL COMMISSION,
U.T.,CHANDIGARH
First Appeal No. | : | 461 of Date of Institution | : | 24.10.2013 |
Date of Decision | : | 13.12.2013 |
Tara Homeopathic Clinic through its owner, Ward No.6, Near Megh Dhanush Society Vadodara (through their duly authorized Business Executive Rajender son of Prashat Bharia, resident of Village Gamdi, Taluk Dhobli, District Vadodara.)
Appellant/Opposite Party No.1
V e r s u s
1.
2. ndChandigarh (service dispensed with vide order dated 25.10.2013)
----Proforma Respondent
Appeal under Section 15 of the Consumer Protection Act, 1986.
BEFORE:
Argued by:Sh.Kiran Kumar, Advocate for the appellant.
Service of respondent No.2 dispensed with vide order dated 25.10.2013.
PER DEV RAJ, MEMBER
1. Chandigarh
“In view of the foregoings, we are of the opinion
2. When the grievance of the complainant, was not redressed, left with no alternative, a complaint under Section 12 of the Consumer Protection Act, 1986 (hereinafter to be called as the Act only), for directing the Opposite Parties to refund Rs.18,400/- with interest, Pay Rs.50,000/- as compensation for causing harassment and mental agony, Rs.15,000/- as litigation expenses.
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9. He further submitted that the order of the District Forum, being illegal and perverse, is liable to be set aside. .
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11. dismissed, for the reasons to be recorded, hereinafter.
“6. (1) Solicitation of patients directly or indirectly by a practitioner of Homoeopathy either personally or by advertisement in the newspapers, by placards or by the distribution of circular cards or handbills is unethical. A practitioner of Homoeopathy shall not make use of, or permit others to make use of, him or his name as a subject of any form or manner of advertising or publicity through lay channels which shall be of such a character as to invite attention to him or to his professional position or skill or
(i) the starting of the type of practice;
(ii) change of the type of practice;
(iii) change of address;
(iv) temporary absence from duty;
(v) resumption of practice;
(vi) succeeding to another’s practice.
(2) He shall further not advertise himself directly or indirectly through price lists or publicity materials of manufacturing firms or traders with whom he may be connected in any capacity, nor shall he publish cases, operators or letters of thanks from patients in non-professional newspapers or journals provided it shall be permissible for him to publish his name in connection with a prospectus or a director’s or a technical expert’s report.
12.
“We entirely agree with the findings recorded by the fora below.
13. BatraHospital
“94.
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III xxxx. | The medical professional is expected to bring a reasonable degree of skill and knowledge and must exercise a reasonable degree of care. Neither the very highest nor a very low degree of care and competence judged in the light of the particular circumstances of each case is what the law requires. |
IV. | A medical practitioner would be liable only where his conduct fell below that of the standards of a reasonably competent practitioner in his field. |
14. , theApex Court
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16. 17.
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Pronounced.
13.12.2013
Sd/-
[JUSTICE SHAM SUNDER (RETD.)]
PRESIDENT
Sd/-
[DEV RAJ]
MEMBER
cmg
STATE COMMISSION
(First Appeal No.461/2013)
Argued by:Sh.Kiran Kumar, Advocate for the appellant.
Service of respondent No.2
Dated the 13th
ORDER
(DEV RAJ) MEMBER | (JUSTICE SHAM SUNDER (RETD.)) PRESIDENT | |
cmg
