Haryana

Yamunanagar

CC/759/2010

Gulshan Kumar S/o Prem Chand - Complainant(s)

Versus

M/s Lucky Medicose - Opp.Party(s)

Ravi Bhushan

29 Sep 2015

ORDER

BEFORE THE DISTRICT CONSUMER DISPUTES REDRESSAL FORUM, YAMUNA NAGAR

 

                                                                                             Complaint No. 759  of 2010.

                                                                                             Date of institution: 16.8.2010

                                                                                             Date of decision: 29.9.2015.

Gulshan Kumar son of Shri Prem Chand resident of Village Kabulpur, Tehsil Jagadhri, Distt. Yamuna Nagar.   

                                                                                                                                                     …Complainant.

                                    Versus

 

M/s Lucky Medicose, through its Proprietor Shri Charan Dass Arora, Railway Station, Mustafabad, Distt. Yamuna Nagar.                                            

                                                                                                                                                     …Opposite party.

 

Before:            SH. ASHOK KUMAR GARG…………….. PRESIDENT.

                        SH. S.C.SHARMA………………………….MEMBER.

 

Present:  Sh. Ravi Bhushan, Advocate, counsel for complainant.   

               Sh. Karnesh Sharma, Advocate, counsel for OP.            

             

ORDER

 

1.                     Complainant Sh. Gulshan Kumar has filed the present complaint under section 12 of the Consumer Protection Act. 1986, praying therein that respondent                  ( hereinafter referred as OP) be directed to pay Rs. 5,00,000/- as compensation on account of mental agony, harassment etc. and Rs. 8500/- as cost of litigation.

2.                     Brief facts of the complaint, as alleged by the complainant, are that in the last week of June 2010 complainant was suffering from allergy in hands and as such he went to OP to know about skin doctor. The OP represented the complainant that he used to give injection of allergy to the patients and he has treated many patients who were suffering from allergy and asked the complainant to take injection and medicine from him and further alleged that he will be alright in a few days. Upon the assurance given by the OP, the complainant became ready to take treatment of his allergy and on 26.6.2010 OP injected injection to the complainant but after about 30 minutes suddenly the condition of the complainant deteriorated. Thereafter the blood pressure of the complainant suddenly became low and complainant suffered high fever and started vomiting etc. The complainant called his brother namely Rahul who took him to the hospital of Dr. Parveen Garg near Bus Stand, Jagadhri but due to bad condition of the complainant he referred him to PGI, Chandigarh where he remained admitted for more than 15 days. The complainant has spent more than Rs. 2,00,000/- on his treatment. The condition of the complainant deteriorated and he has spent huge amount on his treatment and has suffered a lot of mental harassment due to wrong injection injected by the OP and lastly prayed that complaint may kindly be accepted and awarded a sum of Rs. 5,00,000/- as compensation. Hence, this complaint.    

3.                     Upon notice, OP appeared and filed his written statement by taking some preliminary objection such as complaint is not maintainable, no locus standi to file the present complaint, no cause of action, Forum has no jurisdiction, complaint is false and frivolous and on merit it has been contended that complainant never approached to OP in June 2010 nor the OP made any representation to him that he has treated any allergy patient. The OP a is only chemist and deals in the sale of medicines as prescribed by the doctor to their patient. The OP has never given any injection to any patient of allergy including the complainant and lastly prayed that the complaint of the complainant is absolutely wrong, false and frivolous. So, the same is liable to be dismissed.    

4.                     To prove the case, counsel for complainant tendered into evidence affidavit of complainant as Annexure CA, Affidavit of Rajinder as Annexure CB, Affidavit of Rahul as Annexure CC and affidavit of Mohan as Annexure CD and documents such as Photo copies of medical bills of PGI as Annexure C-1 to C-10, C-17 & C-18, Photo copy of treatment chart of PGI as Annexure C-11 , C-12 and C-39, Photo copies of medical bills of Super Chemist Chandigarh as Annexure C-13 to C-16, Photo copies of medical bills of Bhagwati Medicals Chandigarh as Annexure C-19 to C-38 and closed the evidence on behalf of complainant.

5.                     On the other hand, counsel for the OP tendered into evidence affidavit of Charan Dass Arora, proprietor of Lucky Medicose as Annexure RX and closed the evidence on behalf of OP.

6.                     We have heard the counsels of both the parties and have gone through the pleadings as well as documents placed on the file carefully and minutely. The counsel for the complainant reiterated the averments mentioned in the complaint and prayed for its acceptance whereas the counsel for OPs reiterated the averments made in the reply and prayed for dismissal of complaint.

7.                     The only plea of the complainant is that he was suffering from allergy in hand and as such he went to OP to know about the skin doctor. The OP represented the complainant that he used to give injection of allergy to the patients and has treated many patients who were suffering from allergy and asked the complainant to take injection and medicine from him. Upon the assurance given by the OP the complainant get injection injected by the OP and after 30 minutes suddenly the condition of the complainant deteriorated. To prove this thing the complainant has filed only three (3) affidavits of Rajender, Rahul and Mohan of his near and dear as annexure CA to CD but failed to file any bill of medicine and/or injection issued by the OP i.e. M/s Lucky Medcose, Mustfabad. From the perusal of these affidavits it seems that these affidavits i.e. Serial No. 22172, 22173 and 22174 have been obtained on one day i.e. on 2.1.2012 through one person just to take undue benefits. The contention of the complainant counsel is not tenable as normally, documents do not speak lie but man may do so as complainant has miserably failed to prove his version by way of documentary evidence i.e. bill or even any prescription slip etc. From the perusal of the pleading of the complainant, it is clear that complainant was having knowledge that the OP is only running a chemist shop under the name and style of M/s Lucky Medicose and not a doctor by profession. When the complainant have already knowledge that the OP is not a qualified doctor and is only chemist then the fault lies with the complainant himself as he has taken the treatment from the chemist, if any. Further the complainant has filed only medical bills and treatment papers of PGI Chandigarh Annexure C-1 to C-39 to prove his case but in these papers it has nowhere been mentioned that any injection was given by the OP. Further, the complainant has also failed to file any documentary evidence to prove that he has purchased any medicine or injection from the shop of OP or has paid any amount to OP and in the absence of any documentary evidence, it has not been proved that the complainant has hired any services of  OP or purchased any medicine which was defective or expired. Hence, the OP cannot be held liable for the same.

8                      In these circumstances, we are of the considered view that the complainant has miserably failed to prove his case that he has purchased any defective medicine or injection from the OP or availed any services for consideration and the affidavits filed by the complainant are procured one. Hence, the complaint of the complainant is liable to be dismissed.

9                      Resultantly, we find no merit in the present complaint and the same is hereby dismissed with no order as to costs. However, the complainant is at liberty to take other legal action i.e. criminal or civil, if so advised against the OP for his wrongful act, if any, before the competent court of law. Copies of this order be sent to the parties concerned free of costs as per rules. File be consigned to the record room after due compliance.

Announced in open court 29.9.2015.

                                                                                    (ASHOK KUMAR GARG )

                                                                                    PRESIDENT,

                                                                                     

 

                                                                                    (S.C.SHARMA )

                                                                                     MEMBER.