Complainant Mr. Minu Polley by filing this complaint has submitted that she underwent one IVP Test at JMD Medicare Pvt. Ltd. at Kolkata-54 and that centre charged Rs.1200/- for Omnipaque injection 300-50 ml amp (MRP Rs.675/-) and Rs.800/- for Omnipaque 300-20 ml amp (MRP Rs.450/-) and being aggrieved for receiving more money than that of MRP and so a notice was sent on 23.07.2012 to explain their stand and conduct.  But they did not reply and considering that fact, it was found that the said diagnostic centre has been cheating so many people by charging Rs.2,000/- for medicine of MRP Rs.1125/- and for adopting such process and for charging of such excess amount than that of MRP op has acted in illegal manner and such sort of business is against the principle of trade and their conduct is no doubt unfaithful and for which complainant has prayed for compensation for adopting such unfair trade practice and refund of entire amount which has been taken excess than that of the MRP price.

          On the other hand the op by filing written statement submitted that bill was prepared for a sum of Rs.2,000/- no doubt.  But it is a composite bill and that Rs.2,000/-was charged against the following –

1)   Omnipaque-300 50 ml Rs.676/-

2)   Omnipaque-300 20 ml Rs.450/-

3)   Doctor’s Fee                 Rs.600/-

4)   Sister’s payment          Rs.200/-

5)   Consumable used       Rs. 75/-   

                                   Total   Rs.2,000/-  

So the allegations of the complainant is false and fabricated and there is no ground for entertaining such application and for which the complaint should be dismissed and they have alleged that the entire allegation as made by the complainant is vexatious motivated and for ill purposes and prays for dismissal of the suit.

                                        Decision with reasons

          On proper consideration of the argument advanced by the Ld. Lawyer and also considering the admitted position that this complainant was examined by the op in his diagnostic centre and complainant paid Rs.2,000/-.  No doubt that has been admitted by the op also.  Now the question is whether the op charged any excess amount than that of MRP amount of the Omnipaque 300-50 ml amp and 300-20 ml amp.

          Op has stated that practically they charged Rs.2,000/- as composite charge for medicine, sister’s charge, doctor’s fee and consumable used charge and other purposes that has been specifically stated by the op in his written statement.  But the receipt issued by JMD Diagnostic Centre Pvt Ltd. simply proves that Omnipaque 300-50 ml amp was used by that company op including Omnipaque 300-20 ml amp and cost of said two items is assessed Rs.1,200/- and Rs.800/- i.e. Rs.2,000/-.  But in respect of investigation and diagnosis further charge of Rs.2,500/- was charged and in fact total bill was paid Rs.4,500/-.  Then it is clear that op received Rs.1200/- for Omnipaque 300-50 ml amp and Rs.800/- for Omnipaque 300-20 ml amp.  But it is admitted by the op that MRP of Omnipaque 300-50 ml amp is Rs.675/- and MRP of Omnipaque 300-20 ml amp is Rs.450/-.  That means op ought to have charged Rs.675/- and Rs.475/- i.e. Rs.1,125/-.  But in place of that the op charged Rs.2,000/- that means op took excess price of Rs.875/- from the complainant and considering that it is proved that this diagnostic centre the present op in such a manner for the purpose of diagnoses the disease of the patient have been cheating and had been charging huge excess amount than that of actual MRP of the medicines and no doubt that is an unfair trade practice on the part of the op and that has been proved in this case and in fact the op in his written statement submitted a false plea stating that they received actual MRP price and other fees were charged for doctor’s fees and sister’s fees and other fees that but fact remains that purpose separately Rs.2,500/- was charged and it was paid by the complainant on 31.05.2012 and considering the defence and the argument of the Ld. Lawyer we are convinced that the op has a diagnostic centre and there business is to charge huge amount against actual price of medicines for diagnostic purpose.  But the poor patient at the time of their tests are not in a mood to create any trouble because they are mentally disturbed for their disease and spent money for their recovery.  But after recovery they are compelled to pay a lump sum amount and it is the conduct of the present diagnostic centre and truth is that op submitted written statement even after considering his own bill which is sufficient to prove that op has cheated the present complainant patient for diagnostic purpose and also it is the regular practice of op to cheat the patient in such a fashion.  Considering all the fact and circumstances, we are convinced to hold that the present op a diagnostic centre is nothing but a dishonest diagnostic centre which is being run by the op for the purpose of earning more money by cheating and deceiving the patient for testing purpose by charging huge amount against actual price of the medicines which are being used for the purpose of different type of tests of the patient and by adopting such path no doubt the op has adopted unfair trade practice which is proved beyond any manner of doubt and at the same time it is proved that the op realized excess amount of Rs.875/- from the complainant without any justified reason and practically by that way op has deceived and cheated this complainant patient when she went to the op for some tests purpose.

          In the result, the complaint succeeds.

          Hence, it is

                                                    ORDERED

          That the complaint be and the same is allowed with cost of Rs.10,000/- against op.

          Op is directed to pay sum of Rs.10,000/- to the complainant as compensation for charging excess amount of Rs.875/- against actual MRP and the said medicines Omnipaque 300-50 ml amp and also 300-20 ml amp and total price of the two medicines is Rs.1,125/-.  But op received and charged Rs.2,000/- and by deceiving the customers in such a fashion the op shall have to pay that amount within 15 days from the date of this order failing which the penal action shall be taken against the present op for adopting unfair trade practice by the op and dishonestly deceiving the different customers in such a manner.

          The op is directed to pay a punitive damages of Rs.10,000/- for adopting unfairness to the State Consumer Welfare Fund so that in future they must not have to act in such a fashion and by their hands any patient cannot be cheated.

          Op is directed to comply this order within 15 days from the date of this order and to satisfy the decree failing which for each day’s delay interest @ Rs100/- shall be assessed till full satisfaction of the decree and if it is collected it shall be deposited to the State Consumer Welfare Fund and even for repeated disobeyance of Forum’s order penal proceeding u/s 27 of C.P. Act 1986 may be started for which op shall be responsible.