IN THE CONSUMER DISPUTES REDRESSAL COMMISSION, KOTTAYAM
Dated this the 12th day of July, 2021
Present: Sri. Manulal V.S. President
Smt. Bindhu R, Member
Sri. K.M Anto Member
C C No. 38/2018 (filed on 01-03-2018)
Petitioner : Devassia Thomas,
Pallikkunnel House, Velloor,
Pambady, Kottayam – 686 501.
Vs.
Opposite Parties : 1) Mohanan,
Dhanwanthari Vaidyasala,
NearY.M.C.A.Kottayam-686 001.
(Adv. Anoop G.)
2) Proprietor,
Dhanwanthari Vaidyasala,
Near Y.M.C.A. Kottayam 686 001.
3) Dr. Harikumar,
Dhanwanthari Vaidyasala,
Near Y.M.C.A.Kottayam– 686 001.
O R D E R
Sri. Manulal V.S. President
The brief of the complainant’s case is as follows.
The complainant was suffering from respiratory illness and approached ‘Dhanwanthari Vaidyasala’ Kottayam for treatment on 20-09-2017. The complainant was examined by the doctor and was given medicines costing approximately Rs.500/-. But refused to give bill for the medicines. The medicine were dispensed by the 1st opposite party as per the prescription of the 3rd opposite party. He was advised to report after two weeks on completion of the medicines. As instructed, the complainant visited the Vaidyasala for review on 04-10-2017. The same doctor examined him. It was informed to the doctor that there is no significant changes on his initial chest complaints. On that day medicines worth rupees 700/- were given to the complainant and again refused to give the bill.
On reaching home, the complainant checked the expiry date of the medicines, which were given to him on 20-09-2017 on the medicine bottles. It was noticed that the expiry dates written on the bottles were faded and become unreadable. This matter was brought to the notice of the doctor over phone and the doctor informed that replacement of the medicines will be provided. The complainant then informed the doctor, that he was talking about the medicines which were given on 20-09-2017 and not about the medicines given on 04-10-2017.
On the next day the complainant along with his father reported before the Vaidyasala with the medicine given to them on 04-10-17. It was informed to the salesman that date expired medicines were given to them on 20-09-2017. The salesman admitted the mistakes and apologized for the same. The salesman give them Rs.2,000/- and informed them to return the money only after verifying the expiry dates of the medicines with any other persons. The complainant informed him that their complaint is with regard to the medicines given to them on 20-09-2017 and not with regard to the medicine given on 04-10-2017. Since the complainant lost faith in the vaidyasala, they returned the medicines given to them on 04-10-2017 and informed them that the balance amount will be given on getting the bills for the medicines. Thereafter the complainant took treatment in the District Ayurvedic hospital, Kottayam and Medical College, Kottayam and resolved his chest problems. Again the complainant approached the opposite party for the medicine bills, but was not provided.
This complaint is filed for getting compensation for the mental agony he had suffered due to the intake date expired medicines and for other financial difficulties suffered due to the treatment by the opposite parties.
On admission of the complaint, copy of the complaint was duly served to the opposite parties.
The first opposite party appeared and filed their version.
As per the version of the first opposite party, it is stated that the complainant had not purchased any medicines from them on 20-09-2017. The complainant had not produced any evidence to show that they had visited opposite parties on 20-09-2017 and purchased medicines. The complainant agrees that they had visited the opposite parties on 04-10-2017 and bought medicines, which shows that no medicines were given previously. The allegation that date expired medicines were given to the complainant is totally denied. The complainant has not made any allegation that he was sick due to the intake of date expired medicines. Hence the complaint is to be dismissed.
The second and third opposite parties failed to file their version or to appear before the Commission to defend their case.
The complainant filed proof affidavit and exhibits A1 to A5 were marked.
Ongoing through the complaint, proof affidavit of the complainant, evidence on record and version of the first opposite party, we would like to consider the following points.
- Whether there is any deficiency in service or unfair trade practice from the part of the opposite parties?
- If so, what are the reliefs and costs?
For the sake of convenience, we would like to consider point No.1 and 2 together.
Point No.1 and 2
Ongoing through the complaint, proof affidavit of the complainant and evidence adduced, it is clear that the complainant visited opposite party vaidyasala on 20-09-2017 and took medicines. The complainant consumed the medicines and reported for review on 04-10-2017. The opposite parties had given medicines and on that day the complainant realized that the medicines given to them on 20-09-2017 were date expired medicines. On the next day complainant approached the opposite party and intimated the matter and returned the medicines given to them on 04-10-2017 and took treatment from District Ayurveda Hospital, Kottayam and later from Medical College Hospital, Kottayam. Ext.A1 is the prescription which was given to the complainant alleged to be given on 20-09-2017. There is nothing to prove that who issued this prescription and on which date. Ext.A2 is the prescription to prove that the complainant took treatment from District Ayurvedic Hospital, Kottayam. On perusal of Ext.A2 it can be seen that the complainant took treatment on 09-10-2017 for breathing difficulties. No history of intake of date expired Ayurvedic medicines were given to the doctor on 09-10-2017 at District Ayurvedic Hospital. Ext.A3 is the prescriptions from the Medical College, Kottayam. As per Ext.A3 complainant took treatment at Medical College, Kottayam from 09-11-2017 onwards. Complainant failed to adduce any evidence to prove that the medicines issued to them on 20-09-2017 were date expired medicines. Moreover complainant came to know about the intake of date expired medicines on 04-10-2017, but he took further treatment District Ayurvedic Hospital, Kottayam only on 09-10-2017. The complainant does not have a case that he became infected with any decease after consuming the date expired medicines. On the above findings we are of the opinion that the complainant failed to prove that he was given date expired medicines by the opposite party and as a result he had to suffer physical and mental sufferings. The charges against the opposite parties were not proved with cogent evidence. The case is found in favour of the opposite parties. The case is dismissed.
Pronounced in the Open Commission on the 12th day of July, 2021.
Sri. K.M Anto Member Sd/-
Sri. Manulal V.S. President Sd/-
Smt. Bindhu R, Member Sd/-
Appendix
Exhibits from the side of complainant
A1 : Prescription
A2 : Op ticket dtd.09-10-17 issued by Ayurvedic hospital, Kottayam.
A3 : Letter No.A2-10364/17 by District Medical Officer, Indian Systems of
Medicines, Kottayam
A4 : OP ticket No.185677 issued by Medical College Hospital, Kottayam
A5 : Receipt dtd.26/10/17 by District Police Office, Kottayam.
By Order
Senior Superintendent
